Public Document Pack

Janie Berry Director of Legal & Democratic Services County Hall Matlock Derbyshire DE4 3AG

Extension 01629 538327 Direct Dial 38327 Ask for Roy Ackrill

PUBLIC

To: Members of Cabinet

Wednesday, 3 July 2019

Dear Councillor,

Please attend a meeting of the Cabinet to be held at 2.00 pm on Thursday, 11 July 2019 in Committee Room 1, County Hall, Matlock, DE4 3AG, the agenda for which is set out below.

Yours faithfully,

JANIE BERRY Director of Legal Services

A G E N D A

PART I - NON-EXEMPT ITEMS

1. To receive apologies for absence

2. To receive declarations of interest (if any)

3. To consider Minority Group Leaders questions (if any)

4. To confirm the non-exempt minutes of the meetings of Cabinet held on 6 June 2019 (Pages 1 - 14)

5. To receive the non-exempt minutes of Cabinet Member meetings as follows:

5 (a) Health and Communities - 23 May 2019 (Pages 15 - 16)

5 (b) Young People - 4 June 2019 (Pages 17 - 20)

5 (c) Corporate Services - 6 June 2019 (Pages 21 - 24)

5 (d) Strategic Leadership, Culture & Tourism - 10 June 2019 (Pages 25 - 28)

5 (e) Adult Care - 13 June 2019 (Pages 29 - 30)

5 (f) Highways Transport & Infrastructure - 19 June 2019 (Pages 31 - 36)

6. To consider reports as follows:

6 (a) Revenue Outturn 2018-19 - Director of Finance and ICT (Pages 37 - 64)

6 (b) Children's Services Capital Programme 2018-19 Further Allocations and 2019-20 Capital Programme Allocations - Executive Director Children's Services (Pages 65 - 74)

6 (c) Children's Services Capital Programme 2018-19 - S106 Project Allocations - Executive Director Children's Services (Pages 75 - 78)

6 (d) (Children's Services) Care Leavers' Exmployment Opportunities - Paid Internships - Executive Director Children's Services (Pages 79 - 86)

6 (e) Older People and Whole Life Disability Pathway Assessment and Provision of Specialist Professional Services - use of a Non-DCC Framework - Acting Executive Director Adult Social Care and Health (Pages 87 - 140)

PART II - EXEMPT ITEMS

(Cabinet is asked to consider the exclusion of the public from the meeting for the remaining items on the agenda to avoid disclosure of exempt information)

7. To receive declarations of interest (if any)

8. To consider Minority Group Leader questions (if any)

9. To confirm the exempt minutes of the meeting of Cabinet held on 6 June 2019 (Pages 141 - 142)

10. To receive the exempt minutes of Cabinet Member meetings as follows:

10 (a) Corporate Services - 6 June 2019 (Pages 143 - 144)

10 (b) Adult Care - 13 June 2019 (Pages 145 - 148)

11. To consider exempt reports as follows:

11 (a) Acceptance of Revised Offer: Hurst House, Chesterfield - Executive Director Commissioning, Communities and Policy (contains information relating to the financial or business affairs of any particular person (including the Authority holding that information)) (Pages 149 - 152)

11 (b) Shipley Lakeside (former American Adventure Theme Park site): Accommodation works to facilitate flood alleviation measures to prevent reclassification of upstream reservoir - Executive Director Commissioning, Communities and Policy (contains information relating to the financial or business affairs of any particular person (including the Authority holding that information)) (Pages 153 - 158)

11 (c) Review of Corporate Property Senior Management Team - Executive Director Commissioning, Communities and Policy (contains information relating to labour relations matters) (Pages 159 - 178)

11 (d) Business Services Review - Executive Director Children's Services (contains information which is likely to reveal the identity of an individual) (Pages 179 - 214)

This page is intentionally left blank Agenda Item 4

PUBLIC Agenda Item 4

MINUTES of a meeting of CABINET held on 6 June 2019 at County Hall, Matlock.

PRESENT

Councillor S A Spencer (in the Chair)

Councillors A Dale, A Foster, C Hart, T King and J Wharmby.

Apologies for Absence were received on behalf of Councillor B Lewis.

Declarations of Interest

Councillor C Hart declared a personal interest in respect of Item 6(f) on the Agenda by virtue of being a Derby County Football Club Community Trust Board Member.

110/19 MINORITY GROUP LEADERS’ QUESTIONS

There were no Minority Group Leader questions.

111/19 MINUTES RESOLVED that the non-exempt minutes of the meetings of Cabinet held on 9 May 2019 be confirmed as correct records and signed by the Chairman.

112/19 CABINET MEMBER MEETINGS - MINUTES RESOLVED to receive the non-exempt minutes of Cabinet Member meetings as follows:

(a) Young People – 7 May 2019 (b) Economic Development & Regeneration – 9 May 2019 (c) Highways Transport & Infrastructure – 9 May 2019 (d) Strategic Leadership, Culture & Tourism – 9 May 2019 (e) Council Services – 16 May 2019

113/19 DEPARTMENTAL SERVICE PLANS 2017-2021 (2019-20 UPDATE) (Strategic Leadership, Culture and Tourism) Recommendation of the 2019-20 updates to Departmental Service Plans 2017-21 for approval by Full Council was sought.

The Service Plans set out how each department would contribute to the outcomes and priorities set out in the Council Plan refresh 2019-21. The Council Plan outcomes, which outlined what the Council was working towards with partners and local people were as follows:

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• Resilient and thriving communities which share responsibility for improving their areas and supporting each other. • Happy, safe and healthy people, with solid networks of support, who feel in control of their personal circumstances and aspirations. • A strong, diverse and adaptable economy which makes the most of Derbyshire's rich assets and provides meaningful opportunities for local people. • Great places to live, work and visit with outstanding schools, diverse cultural opportunities, transport connections that keep things moving and a healthy environment for all. • High quality public services that work together and alongside communities to deliver services that meet people’s needs.

The five priorities outlined in the Council Plan, which provided a focus for effort and resource, were: • Value for money • A prosperous Derbyshire • Empowered and self-sufficient communities • A focus on prevention and early intervention  High performing council services

The Service Plans described how departments would work towards achieving the outcomes and priorities set out above. Performance measures were included in the Service Plans, however in some cases baseline and target information were still to be confirmed due to the need for data that was not fully available until later in the year.

RESOLVED to approve (1) the 2019-20 update to Departmental Service Plans 2017-21, and

(2) the Service Plans for submission to Full Council for endorsement.

114/19 OUTCOME OF THE REVIEW OF THE COUNCIL’S OCCUPATIONAL HEALTH SERVICES (Corporate Services) Cabinet was informed of the outcomes and recommendations of the Occupational Health review.

The Occupational Health Service, was identified as one of the early starts under the Enterprising Council approach. There was a mixed model of delivery with occupational health nursing services undertaken in house by the occupational health nursing team and the remainder of the services, including the occupational health physician provision, delivered by external contractors. The counselling function also formed part of the occupational health service, however this function was not considered as part of the review, to be considered as part of the subsequent review of HR & OD.

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As well as supporting the wellbeing of employees, the occupational health service provided advice around many of the Council’s employment policies. It also played an essential role in the statutory requirement for the Council to have an appropriate level of resource to ensure the protection of the health and safety of the work force under the management of health and safety at work regulations. This resource did not however have to be provided directly by the council and could be commissioned. In parallel with this review of Occupational Health services, Derbyshire County Council’s Workplace Wellbeing Strategy was being developed to bring together all the wellbeing initiatives in place within the council, to highlight areas for development and to identify measures by which the impact of those initiatives could be assessed. The review of Occupational Health commenced with an analysis of the services currently provided, the delivery models in place and the funding and income of the service. Consultation took place with stakeholders including DCC managers, HR teams, Public Health, trade unions and schools who purchased occupational health services. Information had also been sought from other authorities by issuing questionnaires and by accessing the research already undertaken by East Midlands Councils. Further work had then been undertaken to look at potential benchmarking and any appropriate qualitative measures as well as exploring alternatives to the existing delivery model. The structure of the Occupational Health Service within the Council, its budget, costs, charging and income were detailed in the report, as well as for externally commissioned services, the largest external contract being for Occupational Health Physician Services. Consultation with various stakeholders was undertaken, with a summary of the key views and issues fed back to the review contained in the report. In summary, following consideration of the outcomes of the review, the key recommendations were as follows:

1. A comparison between the cost of the in-house service and the cost of sourcing the same service externally clearly indicated that the internal service was competitive. It was therefore recommended that the current mixed model of delivery was retained in the short term as there was little or no operational or financial benefit in either bringing the externally provided services in-house or in moving to an external supplier for the directly employed nursing service. The future structure and function of occupational health services would need to align with and form part of the wider review of the HR delivery model within the council ensuring that supported the Workplace Wellbeing Strategy. The most appropriate longer term delivery model was to be determined at that point. 2. Further development of manager briefing and training, health promotion initiatives and metrics / key performance indicators that better analysed the impact of the occupational health service in improved employee wellbeing and absence rates were to be implemented as soon as possible. 3. Implementation of the service improvement measures, as set out in the report.

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RESOLVED to note the outcome and recommendations of the Occupational Health review.

115/19 INTRODUCTION OF A COUNCIL WORKPLACE WELLBEING STRATEGY (Corporate Services) Approval was sought for Workplace Wellbeing Strategy and action plan for 2019.

Derbyshire County Council recognised the importance of promoting and maintaining the physical and mental health, safety and wellbeing of its workforce and the positive impact this had on both individual and organisational performance. The council was therefore committed to providing a range of support and opportunities to enable employees to maintain their health, wellbeing and safety whilst at work. The Workplace Wellbeing Strategy, as attached to the report at appendix 1, was developed to bring together all the initiatives in place within the Council, to highlight areas for development and to identify measures by which the impact of those initiatives could be assessed. The project met with a very positive welcome and support from all stakeholders, and the new strategy brought together a huge range of health and wellbeing initiatives the Council already delivered, along with clarity on how wellbeing would be measured and managed. The successful implementation of the strategy would result in increased wellbeing of the workforce, improved productivity and lower levels of sickness absence.

An action plan, appendix 2 to the report, was developed to support delivery of the improvements set out in the Health and Wellbeing Measures and Evaluation (Section 5 of the Workplace Wellbeing Strategy). The action plan also incorporated exploring the benefits and feasibility of recommendations No.3 & No.4 of the Report of the Chairman of the Improvement and Scrutiny Committee – Resources Cabinet report 9 May 2019, entitled Review of Initiatives to Promote Staff Wellbeing and Good Mental Health. Progress on the action plan was to be overseen by the OD, Skills and Resourcing Board reporting in to Cabinet and to CMT as appropriate.

RESOLVED to approve the Workplace Wellbeing Strategy and action plan for 2019.

116/19 PIPELINE OF MAJOR ROAD NETWORK AND LARGE LOCAL MAJOR TRANSPORT SCHEMES (Highways, Transport and Infrastructure) Cabinet was updated on the potential for major highway projects in Derbyshire to be included in programmes recommended to Government by Midlands Connect, with confirmation sought on the County Council’s policy and resource support for these.

At its meeting of 31 January 2019 Cabinet received an update on the assembly of schemes for the Major Road Network (MRN) and Large Local Major (LLM) programmes. Cabinet was made aware of work continuing towards an A515 Ashbourne Bypass, noting the exclusion of the A515 from

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the defined MRN but reaffirming the Council’s commitment to the testing of scheme options.

Cabinet was also advised at its January meeting that the most likely short-term candidate for MRN funding, consistent with the eligibility criteria and with existing Local Transport Plan status, would be the grade-separation of the A61 Chesterfield Inner Relief Road junctions. Subsequently, taking into account the grant funding and local contributions required, plus the complexities of addressing the A61/A617 ‘Horns Bridge’ junction in particular, assessment had been focussed on the Whittington Moor roundabout. Preparation work on the Chesterfield-Staveley Regeneration Route (CSRR) was also noted by Cabinet in January. Midlands Connect’s recommended RIS2 programme of MRN and LLM schemes was to be considered by its Strategic Board on 20 June 2019.

Government’s request was for a recommended programme of up to ten MRN schemes and two or three LLM schemes across the whole of the Midlands. The Strategic Board would need to consider how the proposed number of schemes aligned with the strength of the proposals brought forward by local highway authorities and could choose to vary the number submitted accordingly.

Both the CSRR and the grade-separation of the A61 Whittington Moor roundabout were listed as potential schemes within the Derbyshire Local Transport Plan, so already had policy support. Their inclusion in the MRN and LLM programmes required the commitment of staff and financial resources. The progression of MRN and LLM schemes through the assessment process would definitely incur short-term costs, including scheme design, preparation for planning applications and the incremental building of the business case covering scheme benefits and impacts and management of the project, as detailed in the report.

The longer term costs were expected to be substantially, if not wholly, met from developer contributions. Whilst the amounts available were not confirmed at the time, it was still a requirement that the Council underwrote a potential £15 million of expenditure for the schemes to progress. The only method available to the Council to do this was via borrowing at an estimated annual cost of up to £1 million, which may have required reductions in other services to accommodate this pressure. As a result, ahead of committing to this expenditure, it would be necessary to have legal agreements in place to guarantee the availability of developer contributions.

RESOLVED to (1) note that work on possible bypass options for Ashbourne was continuing and would be reported to Cabinet early in 2020.

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(2) Note the updates on Whittington Moor roundabout and the Chesterfield-Staveley Regeneration Route and their assessment within Midlands Connect’s potential Major Road Network and Large Local Major schemes.

(3) Acknowledge the future need for project costs to be underwritten and the potential sums involved.

(4) Request that Chesterfield Borough Council provide a statement on the level of financial commitment to these schemes that would be secured through Developer Contributions.

(5) Note the short-term cost requirements for ensuring the readiness of these schemes for inclusion in the second Roads Investment Strategy (RIS2) period. (6) Agree to receive a further report with recommendations on the proposed RIS2 schemes and a longer-term programme for the third Roads Investment Strategy period and beyond.

117/19 CONTRIBUTION FROM THE PUBLIC HEALTH RING-FENCED GRANT TO CHILDREN’S SERVICES TO SUPPORT THE BUDGET TO PROCURE A DERBYSHIRE PAUSE PROGRAMME – AN INTERVENTION AIMED TO WORK WITH WOMEN EXPERIENCING, OR BEING AT RISK OF, A CYCLE OF RECURRENT CARE PROCEEDINGS (Health and Communities) Approval was sought for the contribution from the Public Health ring-fenced Grant of £150,000 to Children’s Services to support the Pause programme.

This paper supported the Cabinet Paper 18 April 2019 (Minutes 91/19), which sought delegated authority for the Executive Director of Children’s Services to procure a Derbyshire Pause programme, as included in the Council Plan 2019/20. Pause was an innovative programme working to address the health needs of identified women experiencing, or being at risk of, a cycle of recurrent care proceedings. It was working in 27 local authority areas nationally and was acknowledged by a Department of Education Evaluation Report (July 2017), which showed positive results for women towards breaking the cycle of care proceedings that caused harm to themselves and their children as well as realising significant savings to the NHS and Social Care system.

Public Health supported Pause in its working with women experiencing significant health inequality to empower them to manage life better. Pause practice nationally concluded the following specific health outcomes for women, children and the family unit - better access to mainstream services resulting in improvements to individual stability and basic needs such as housing, food, finance, education, training and employment; improved access

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to health services such as general practice, dental, sexual health and substance misuse and improved mental health, sense of wellbeing and self- worth. Pause in Derbyshire was an opportunity for whole system working across Children’s services, Public Health, the wider Council and broader partners to maximise health outputs for women with significant vulnerabilities alongside realising efficiencies to the Council and wider system.

RESOLVED to approve the contribution from the Public Health ring- fenced Grant of £150,000 to Children’s Services to support the Pause programme, a programme aimed at addressing the needs of women experiencing, or being at risk of, a cycle of recurrent care proceedings.

118/19 CONTRIBUTION AWARD OF GRANTS TO DERBY COUNTY FOOTBALL CLUB COMMUNITY TRUST TO DELIVER THE ‘ACTIVE CHOICES’ PROGRAMME AND RECOVERY MONTH ACTIVITIES (Health and Communities) Approval was sought for (1) the award of a grant of £47,736 to Derby County Football Club Community Trust to continue the delivery of its Active Choices sport and exercise programme to support recovery from drug and alcohol misuse, in the localities of South Derbyshire, Erewash and Amber Valley, for a further twelve months from 01 July 2019; (2) the award of a grant of £2,045 to Derby County Football Club Community Trust to deliver Recovery Month activities.

This project had been sourced in response to the success of a similar grant-funded programme delivered in Chesterfield and North East Derbyshire by Chesterfield Football Club Community Trust. It was recognised that professional football clubs could attract people, who otherwise may not consider an exercise-based programme, because they valued the association with the club.

The Active Choices programme commenced delivery in June 2018, with participants predominantly recruited from the adult substance misuse treatment service. At the latest grant review, after nine months of delivery, they had engaged with 101 individuals and retained 80 of these on the programme for three months or more. As this programme had been successful at engaging a significant number of people with drug and alcohol problems in activities which improve their physical and psychological wellbeing, it was proposed to continue the delivery of the programme for a further twelve months.

Approval of a grant of this nature would normally be sought from the Cabinet Member for Health and Communities. However, the Cabinet Member had requested that any approval in regard Derby County FC Community Trust should be considered by Cabinet, due to her being a trustee of that organisation.

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Recovery Month was a national event that took place in September each year. It had been celebrated in Derbyshire for four years and was an opportunity to showcase recovery from substance misuse, to reduce stigma and to highlight that recovery was achievable. Local activities have previously concentrated on large scale events and have tended to be located in Chesterfield. Due to this, a number of smaller but active recovery organisations from other parts of the county have struggled to take part in a meaningful way. The allocation of £20,000 had been approved over a three year period to encourage individuals, treatment services and recovery organisations to undertake their own projects, events and activities in their own localities. This new approach had been welcomed by local organisations.

RESOLVED to approve (1) the award of a grant of £47,736 to Derby County Football Club Community Trust to deliver its Active Choices programme in South Derbyshire, Erewash and Amber Valley for a further twelve months from 1 July 2019, and

(2) the award of a grant of £2,045 to Derby County Football Club Community Trust to deliver the Recovery Month activities detailed in the report.

119/19 REIMBURSEMENT OF STOP SMOKING PHARMACOTHERAPY PRODUCT COSTS (Health and Communities) Approval was sought to reimburse the Derby and Derbyshire Clinical Commissioning Group (CCG), for the costs of stop smoking pharmacotherapy products available on prescription only throughout 2019-20.

Smoking was the main cause of preventable illness, disability and premature death in England, also accounting for half the difference in life expectancy between the most affluent and most deprived groups within society. In Derbyshire, it was a key issue with 15.1% of adults smoking compared to the England average of 14.9%. In Derbyshire 15.4% of pregnant women were smoking at time of delivery, compared to the England average of 10.8%. The prevalence remained even higher in people with mental health conditions, where more than 25% of adults in Derbyshire with a serious mental illness smoke. In Derbyshire, during 2016-17, there were 8,326 smoking attributable hospital admissions and the number of deaths, between 2014-16, estimated to be attributable to smoking, was 3,991. The prevalence of smoking varied considerably across the county, from 10.4% in Derbyshire Dales to 17.5% in Chesterfield.

Live Life Better Derbyshire (LLBD) provided evidence-based stop smoking services to support smokers who wanted to quit smoking. It was the most effective method of quitting smoking, with smokers four times more likely

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to quit smoking with a stop smoking service than if they had tried to quit on their own. The support provided by the LLBD stop smoking service consisted of behavioural support (advice on quitting, setting a date to quit and dealing with withdrawal symptoms/cravings) and advice and access to smoking cessation pharmacotherapy products.

There were a range of smoking cessation pharmacotherapy products available to help smokers quit smoking including nicotine replacement therapy (e.g. patches or gum) which were provided directly by LLBD, and others such as bupropion and varenicline which were only available on prescription. A local pathway existed to allow smokers to access bupropion and varenicline whilst receiving support from the LLBD stop smoking service.

The monies for smoking cessation pharmacotherapy products issued on a prescription did not originally transfer to local authorities when Public Health responsibilities transferred on 1 April 2013 under the Health and Social Care Act 2012 and instead were included within CCG budgets. Following discussions with the Derby and Derbyshire CCG, it was agreed the County Council would hold the budgets associated with the cost of smoking cessation pharmacotherapy products issued on a prescription. Therefore the budgets were transferred from the Derby and Derbyshire CCG by the Department of Health to Derbyshire’s ring-fenced Public Health Grant with effect from 1 April 2016. However prescriptions issued in general practice were initially charged to CCG prescribing budgets and therefore it was expected that the CCG would invoice Derbyshire Public Health for these costs as they no longer held the budget for prescriptions related to stop smoking.

RESOLVED to approve the reimbursement of prescription only smoking cessation pharmacotherapy product costs to the Derby and Derbyshire CCG to a maximum cost of £326,150.

120/19 OUTCOME OF THE CONSULTATION ON ELIGIBILITY CRITERIA FOR COMMUNITY ALARMS AND TELECARE SERVICES (Adult Social Care) Approval was sought to implement a new eligibility criteria for Derbyshire County Council funded community alarms and telecare services from 1 November 2019 following consultation with users of the community alarms and telecare service and completion of an equality analysis.

The Council funded a number of community alarms services that provided 24 hours a day seven days a week alarms monitoring provision for individuals across the county. There were a range of different alarms monitoring arrangements in place across the county based on each district authority area, as summarised in the report at Appendix 1.

Adult Care consulted with people who received the Derbyshire County Council subsidised community alarm and telecare service, as well as with

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carers, family members, key stakeholders and other interested parties. Following analysis of the consultation data and the equality analysis it was concluded that the proposals would have an adverse impact. However, subject to Cabinet approval, it was recommended to continue with some but not all changes to the eligibility criteria for this service.

Throughout the consultation and via engagement with stakeholders it was clear that the community alarms and telecare offer was complex, fragmented and needed to be simplified to focus on a core offer of a community alarm or telecare equipment and monitoring. It was difficult for users of the service to understand due to links with the Council’s statutory responsibilities and key pieces of legislation. In addition it was clear that many individuals in receipt of the service did not understand the concept of a personal budget or co-funding arrangements.

Alongside the implementation of the new eligibility criteria it was deemed important to review current information and advice and co-design any new publicity material with both people who used the service and provider organisations to ensure that complex terminology related to the eligibility criteria was explained as simply and clearly as possible. Training and information sessions needed to take place with provider organisations and front line Adult Care staff to ensure they understood and could implement the new eligibility criteria and could support people to access funded or self- funded community alarm or telecare equipment. This activity was to be co- ordinated by Adult Care in advance of the proposed implementation date of the changed eligibility criteria on 1 November 2019.

The consultation had made it clear that a number of historical contractual arrangements, processes and procedures had been in place for some time and all stakeholders were committed to changing and building a more modern approach to these services. Adult Care would seek opportunities over the following two years, during the contract extensions, to build a partnership approach with providers and other key stakeholders in relation to using technology within social care.

As part of the Enterprising Council approach Adult Care intended to broaden and expand its use of a range of assistive technology over the next five years. This was a fast paced and constantly evolving area of work due to technological and digital advancements. It was clear from the consultation feedback that people wanted to use technology as part of their care and support on an ongoing basis. Nationally, evidence suggested technology could have a positive impact for an individual whilst potentially reducing demand and the cost of care.

RESOLVED to (1) note the outcomes of the consultation and Equality Analysis detailed within the report and appendices;

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(2) Agree to implement a new eligibility criteria for Derbyshire County Council funded community alarms and telecare services from 1 November 2019 to focus on supporting adults with an identified health and social care need in accordance with the duties of the Care Act (2014) as outlined in section 4 of this report.

(3) Agree that the Derbyshire community alarms and telecare offer is simplified to focus on a core offer of community alarm and telecare equipment and monitoring as described in section 5 of the report.

(4) Note that changes to the eligibility criteria for community alarms and telecare would be widely communicated as outlined in section 6 of the report.

(5) Agree that Adult Care worked with providers via a proactive contract management approach to ensure that the service demonstrated value for money and was sufficiently targeted at those individuals with a health or social care need.

(6) Note that as other forms of new technology was utilised across Adult Care specific or bespoke eligibility criteria may need to be developed.

121/19 OUTCOMES FROM THE CONSULTATION ON RESHAPING THE COUNCILS DAY CARE OFFER FOR PEOPLE WHO HAVE A LEARNING DISABILITY AND/OR AUTISM (Adult Social Care) Cabinet was updated with the outcomes of the 2019 My Life My Way consultation and approval was sought to implement the proposals to reshape the Council’s day care offer for people who have a learning disability and/or Autism.

The report presented data, analysis and feedback from the consultation in relation to the future delivery of day opportunities for people with a learning disability and/or Autism in Derbyshire. The challenging national agenda of change and the estimated growth in the number of young people with complex needs, alongside an ageing learning disabled population, meant that available resources were used efficiently. Future service provision had to meet individuals’ needs and promote independence, not dependence. To do this people’s abilities had to be recognise, not their disabilities, as well as recognising that everyone with a learning disability and/or Autism could make a positive contribution to the community in which they live.

The vision remained as set out in Valuing People (2001) and Valuing People Now (2009): that all people with a learning disability were people first with the right to lead their lives like any others, with the same aspirations, opportunities and responsibilities, and to be treated with the same dignity and respect. The Council Plan 2019-2021 set out clear ambitions for Derbyshire to be an efficient and high performing Council, delivering value for money services as part of the Enterprising Council approach. The approach included

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exploring creative ways to deliver better services for less, either in-house or in partnership with other organisations, and ensuring that the Council’s operating model was fit for purpose. The Adult Care Learning Disability Programme Plan set out how Derbyshire County Council would meet these obligations in learning disability services. This change required a shift away from merely providing ‘services’ that were one-size-fits-all solutions. Instead, there was a need to be more innovative and flexible to move from delivering traditional building based activities, to developing local community based solutions. The main focus of transformation would be to develop the market and support people towards services and support which promoted greater independence and community engagement.

After considering the Equality Impact Analysis and feedback, it could be concluded that the proposals may have had an adverse impact for some people. Where adverse impacts were identified, efforts would be made to mitigate them wherever possible by signposting for additional support or designing support to reduce or negate the identified impact. However, the proposed changes to the Derbyshire day care offer would benefit people by developing a variety and range of alternatives to existing services, whilst also ensuring that services for people with profound and complex needs were delivered in suitable buildings with sufficient numbers of staff to enable individuals to have more of a presence in their local communities. It was vital that the future provision of day opportunities for people with a learning disability and/or Autism was underpinned by the principles of “progression”, as outlined in Derbyshire’s Learning Disability programme Plan, enabling individuals to be as independent as possible in their own communities. It was intended that this would be achieved by focusing on people’s strengths and the roll out of a more empowering, personalised and asset based approach across all communities.

Councillor Spencer drew particular attention to the Equalities Impact Analysis, attached to the report at Appendix 4, to be considered as part of the decision-making process by Cabinet Members.

RESOLVED to (1) note the outcomes from the 2019 My Life My Way consultation.

(2) Note the content of the Equalities Impact Analysis attached to the report.

(3) Approve the implementation of the proposals to reshape the Council’s day care offer for people who have a learning disability and/or Autism.

122/19 CHILDREN’S SERVICES CAPITAL PROGRAMME 2018-19 – URGENT DECISION TAKEN BY THE STRATEGIC DIRECTOR FOR CHILDREN’S SERVICES (Children’s Services) Cabinet noted an urgent

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decision taken by the (then-named) Strategic Director for Children’s Services to approve a further allocation from the Children’s Services Capital Programme 2018-19 for urgent repair work at Norbury Primary School.

At the end of November 2018, due to high winds, there was damage to the gable end on the main school building at Norbury Primary School and, as a result, the school closed. When the building was inspected by structural engineers to establish the extent of the damage, it was identified that all the gable ends required structural attention. In the period up to Christmas, the school operated from the neighbouring village hall and at the beginning of the January term, a rented temporary classroom was in place on the village hall site to assist with the smooth running of the school. The Authority’s insurer has agreed to fund the repair of the gable end that was subject to wind damage and the provision of the temporary accommodation, however it would not cover the structural work required to other gable ends.

The cost of the work was £221K. Although some of that cost would be borne by the Authority’s insurer, the exact sum was still in negotiation but it was likely to be approximately 30%. It was estimated that the work would take 14 weeks and the contractor was available to start on site on 8 April 2019. If the Authority had missed that programme date, the contractor would have been unable to confirm when the work would have otherwise taken place.

Although the school was managing to function in its temporary accommodation, it was impacting on availability of the village hall for the local community and maintaining the temporary classroom was attracting further rental charges. The use of temporary facilities was affecting education due to the lack of access to all the normal resources and facilities and there was a need to restore the main building as soon as possible, hence the request for an urgent decision. Work had started on site and was due to be completed by 24 August 2019 ready for the School returning in September.

RESOLVED to note the urgent decision taken on 27 March 2019 by the (then-named) Strategic Director for Children’s Services for the approval of £221k for the urgent repair work at Norbury Primary School.

123/19 EXCLUSION OF THE PUBLIC FROM THE MEETING. RESOLVED that the public be excluded from the meeting during the consideration of the remaining items on the agenda to avoid the disclosure of the kind of exempt information detailed in the following summary of proceedings.

SUMMARY OF PROCEEDINGS CONDUCTED AFTER THE PUBLIC HAD BEEN EXCLUDED FROM THE MEETING

1. To consider Minority Group Leaders’ Questions (if any).

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2. To confirm the Exempt Minutes of the meetings of Cabinet held on 9 May 2019.

3. To receive the exempt minutes of Cabinet Member meetings as follows: (a) Young People – 7 May 2019 (b) Council Services – 16 May 2019

4. To consider exempt reports as follows:-

(a) Urgent decision taken by the Strategic Director Economy, Transport and Environment – Long Term Waste Management Contract – Update (contains information relating to the financial or business affairs of a particular person (including the Authority holding that information))

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PUBLIC

MINUTES of a meeting of the CABINET MEMBER FOR HEALTH AND COMMUNITIES held on 23 May 2019 at County Hall, Matlock.

PRESENT

Councillor C Hart – Cabinet Member

21/19 MINUTES RESOLVED that the non-exempt minutes of the meeting of the Cabinet Member for Health and Communities held on 11 April 2019 be confirmed as a correct record and signed by the Cabinet Member.

22/19 OUTCOME OF THE CONSULTATION ON THE DRAFT TACKLING HATE CRIME TOGETHER POLICY Consultation on a proposed draft policy in relation to Hate Crime ran from 28 January - 11 March 2019. 21 responses were received of which 86% agreed with the aims of the policy, but a small number felt that the policy needed to be strengthened in relation to people with a learning disability; 86% were happy with the definition of Hate Crime and Hate Incidents, but a small number queried or misunderstood the detailed examples given; and 86% felt it was clear how people reported Hate Crimes, but a small number felt the process could be made more user friendly.

Following the consultation, minor amendments have been made to the Tackling Hate Crime Together Policy and the revised document was attached to the report.

RESOLVED to (1) note the consultation feedback; and

(2) approve adoption of the Tackling Hate Crime Together Policy by the Council.

23/19 GRANT TO DERBYSHIRE GYPSY LIAISON GROUP An application for a grant for the financial year 2018-2019 has been received from the Derbyshire Gypsy Liaison Group, requesting £3,500.

The Group plays an extremely important role in supporting the three Council owned Traveller sites in Derbyshire and also produces a newsletter "The Traveller", assistance with private site planning applications and dealing with issues of education, health and welfare of Travellers. The County Council has held regular discussions with the Liaison Group on issues arising from unauthorised encampments, site management and on developing good practice in dealing with unauthorised encampments.

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RESOLVED that the Derbyshire Gypsy Liaison Group be awarded £3,500 for the year 2018-2019, subject to the County Council's standard conditions of grants.

2 Page 16 Agenda Item 5(b)

PUBLIC

MINUTES of a meeting of the CABINET MEMBER – YOUNG PEOPLE held on 4 June 2019 at County Hall, Matlock.

PRESENT

Cabinet Member - Councillor A Dale

33/19 MINUTES RESOLVED that the minutes of the meeting of the Cabinet Member for Young People held on 7 May 2019 be confirmed as a correct record and signed by the Cabinet Member.

34/19 NEW INSTRUMENTS OF GOVERNMENT Under the School Governance (Constitution) (England) Regulations 2012; proposals had been received from school Governing Bodies for an amendment to their Instrument of Government.

RESOLVED that the new Instruments of Government be made for the 1 school detailed in the report.

35/19 CONFIRMATION OF NOMINATIONS OF SCHOOL GOVERNORS RESOLVED to approve the nomination of the following persons to serve as Local Authority Governors:-

J Austin - Coppice Primary School D Lowe - Ripley Junior School P Coates - Cavendish Junior School C Fletcher - Elton Primary School P Ennis - Stanley Common CofE Primary School E Jackson - Stanley St Andrew’s Primary School H Canetti - Tupton Primary School M Hagues - Killamarsh Junior School R A Huma - Lenthall Infant and Nursery School V Noble - Barlow CofE Primary School S Bambrick - Newhall Infant School M Smart - Melbourne Infant School

36/19 HOME TO SCHOOL TRANSPORT – HAZARDOUS ROUTE ASSESSMENTS The Cabinet Member was asked to consider three requests for a home to school journey to be declared 'hazardous' for the purpose of establishing eligibility to free transport.

Route 1 - A parent of a pupil attending John Port Spencer Academy has raised concerns with regard to route safety for the purposes of home to school

Page 17 transport via Carsington Road/The Mease in Hilton, which formed part of the shortest available route to the school. This route was inspected on 13 March 2019 by the Hazardous Route Panel and recommended that it was not hazardous. The Panel agreed that further improvements could be made i.e. the clearing of shrubs in the centre of the island to improve visibility and the possible construction of a footway on the right hand side as pedestrians exit Carsington Road on to The Mease.

Route 2 - The issue of route safety along the A6020 for the purposes of home to school transport was raised by a parent of a student who attended Lady Manners School. The route was inspected on 23 March 2019 by the Hazardous Route Panel and recommended that the route was hazardous.

Route 3 - A parent of a pupil attending Queen Elizabeth’s Grammar School in Ashbourne, has raised concerns with regard to route safety for the purposes of home to school transport via Sprinkswoods Lane and Sides Lane in Snelston, which formed part of the shortest available route. The route was inspected on 2 April 2019 by the Hazardous Route Panel and recommended that Sprinkswoods Lane was not Hazardous and Sides Lane before it joined Clifton village was hazardous.

The Authority’s Walking Route Assessment Criteria and details of each route were attached as appendices to the report.

RESOLVED to approve the Hazardous Routes Panel’s recommendation, that (1) route 1 between Hilton and John Port School is not hazardous for the purposes of home to school transport;

(2) route 2 between Hassop and Lady Manners school is hazardous for the purposes of home to school transport; and

(3) route 3 between Snelston and Queen Elizabeth’s Grammar school is not hazardous on Spinkswoods Lane and is hazardous on Sides Lane before it joins Clifton village for the purposes of home to school transport.

37/19 EXCLUSION OF THE PUBLIC RESOLVED that the public, including the press, be excluded from the meeting during consideration of the remaining item on the agenda to avoid the disclosure of the kind of exempt information detailed in the following summary of proceedings:-

SUMMARY OF PROCEEDINGS CONDUCTED AFTER THE PUBLIC, INCLUDING THE PRESS, WERE EXCLUDED FROM THE MEETING

1. To confirm the exempt Minutes of the meeting of the Cabinet Member – Young People held on 7 May 2019.

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38/19 EXEMPT MINUTES RESOLVED that the exempt Minutes of the meeting of the Cabinet Member for Young People held on 7 May 2019 be confirmed as a correct record and signed by the Cabinet Member.

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PUBLIC

MINUTES of a meeting of the CABINET MEMBER FOR CORPORATE SERVICES held on 6 June 2019 at County Hall, Matlock

PRESENT

Cabinet Member – Councillor A Foster

Also in attendance – Councillor P Murray

32/19 MINUTES RESOLVED that the minutes of the meeting held on 16 May 2019 be confirmed as a correct record and signed by the Cabinet Member.

33/19 REVENUE OUTTURN 2018-2019 The controllable budget for the Corporate Services portfolio was approximately £44m with an outturn of £0.635m underspend. The final outturn position statement was presented. The key variances were as follows:-

Legal Services Division - £0.183m overspend There was an ongoing review to address issues relating to a provision of the service, workload and allocated budget savings.

County Property - £1.016m overspend There were two areas that had contributed to the County Property overspend:

Industrial Development - £0.676m overspend. Whilst the occupancy of the industrial sites was currently running at 92%, there were a number of units that were leased on ‘below market rates’ to organisations that had charitable status. In addition there were a number of units where the Council provided rent free periods as an incentive to attract businesses and offset maintenance requirements. The income target was challenging and work was underway to ensure the units were placed on a sustainable basis moving forward.

County Buildings - £0.451m overspend. There had been a significant increase in spend on day to day maintenance, particularly on the County Hall complex. An invoice had also been received from High Peak Borough Council for running costs for the Glossop Municipal Buildings back dated to 2016-17 which was unbudgeted for.

Finance & ICT - £0.883m underspend This had mainly arisen due to the non-filling of vacancies, particularly in the ICT part of the division. The recent approval of the new ICT Strategy would lead to a release of some of these vacancies to achieve the outcomes set out in the strategy. The division had achieved additional income from services provided to schools and the Welsh Government.

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Human Resources - £0.516m underspend The service was currently conducting a major review of the HR function across the council. A number of posts had been held vacant, to help meet savings targets in future years and also to give some flexibility when implementing the review.

Strategic management - £0.429m underspend Previous achievement of savings additional to those planned as part of the council’s budget reduction programme. These savings would be re-allocated to other pressures within the division.

The portfolio had received the following permanent base budget growth items in 2018-19:

Corporate Property Asset Valuations £0.280m; and

Email and internet services £0.250m

The savings target allocated to the portfolio for 2018-19 was £1.446m. Savings achieved against the target were £1.352m, leaving a balance of £0.094m. This shortfall had been met by funds allocated by Council in the 2018- 19 budget and underspends.

The Council had allocated £44,000 on a one off basis to fund savings that weren’t anticipated being met in 2018-19. Of the savings identified, the savings in Legal Services staffing would not be achieved this year due to workload issues. In respect of the impact of non-achievement of savings in 2019-20, it was anticipated that those relating to the Legal Services Division (£75,000) would not be met. The Service was currently going through a review of its functions. The budget reductions were set out in Appendix 1 to the report. The Department’s Earmarked Reserves totalled £72.7m and were listed in Appendix 2 to the report.

The main risks included in the CCP risk register were Traded Services and the under achievement of budget savings.

RESOLVED to note the position on the 2018-19 Revenue Budget.

34/19 EXCLUSION OF THE PUBLIC RESOLVED to exclude the public from the meeting during the consideration of the remaining items on the agenda to avoid the disclosure of exempt or confidential information

SUMMARY OF PROCEEDINGS CONDUCTED AFTER THE PUBLIC WERE EXCLUDED FROM THE MEETING

1. To confirm the exempt minutes of the meeting held on 16 May 2019.

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2. To consider the exempt reports of the Executive Director Commissioning, Communities and Policy on:-

a) 64 and 66 Sheffield Road, Chesterfield (contains information relating to the financial or business affairs of any particular person (including the Authority holding that information))

b) Disposal of land at Market Street, Clay Cross (contains information relating to the financial or business affairs of any particular person (including the Authority holding that information))

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PUBLIC

MINUTES of a meeting of the CABINET MEMBER FOR STRATEGIC LEADERSHIP, CULTURE AND TOURISM held on 10 June 2019 at County Hall, Matlock

PRESENT

Cabinet Member – Councillor B Lewis

Also in attendance – Councillor R Flatley

Declarations of interest Councillor B Lewis declared a personal interest in agenda item 4 - Delivering a World Class Visitor Economy within Derbyshire (Phase 2) as a Member of Marketing Peak District and Derbyshire.

10/19 MINUTES RESOLVED that the minutes of the meeting held on 9 May 2019 be confirmed as a correct record and signed by the Cabinet Member.

11/19 BUDGET MONITORING 2018-19 – OUTTURN The controllable expenditure for the Strategic Leadership, Culture and Tourism portfolio was £12.852m against a budget of £13.276m resulting in a controllable underspend of £0.424m. The key variances were as follows:-

Communications – underspend £0.331m The key underspend related to staff turnover and vacancies, mainly in the Contact Centre, where there were 12 vacancies at the end of March.

Policy – underspend £0.127m The main underspend related to vacancies due to staff turnover, payment of a grant to Bolsover CVP (no longer in operation) and a reduction in running costs.

The Environmental Studies had been allocated a savings target of £0.120m which they were not going to achieve this year. The Conservation and Design section had transferred £0.200m to an earmarked reserve to fund two grade 10 posts over two years.

The savings allocated for 2018-19 were set out in Appendix 2 to the report. The savings allocation for the Portfolio was £0.568m. This was to be met by a number of sources:

Identified savings: £251k One off support from Council: £214k

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Use of departmental underspends/reserves: £103k

As set out in Appendix 2, only £80k of the identified savings had been achieved. This had resulted in the balance of unmet savings being met from a larger use of departmental underspends, which had increased to £274k. In respect of Economy, Transport and Environment, the Environmental Studies and Forest Schools had been allocated a saving of £0.120m, but this would not be achieved until 2020-21.

The key financial risk to the Portfolio was the non-achievement of savings. As indicated, unachieved savings had to be met from other sources within the relevant department, either by use of underspends, or reserve balances. The current balances on the Portfolio’s Earmarked Reserves, totalling £3.373m, were listed in Appendix 1 to the report. These had been earmarked for corporate issues or committed to projects and initiatives that contributed to the Council’s Council Plan pledges and priorities.

RESOLVED to note the revenue outturn position for 2018-19.

12/19 DELIVERING A WORLD CLASS VISITOR ECONOMY WITHIN DERBYSHIRE (PHASE 2) On 3 November 2015, Cabinet approved £150,000 match funding contribution over three years from 2016-17 towards the proposed “Growing and Developing the Visitor Economy Sector within Derbyshire” project. Following ERDF approval, the £1.3m project commenced in September 2016.

Since the launch of the programme in September 2016, the project had supported a total of 726 businesses. These businesses all received 3+ hours of essential support, with some accessing over 12 hours. Of this total, over 40 businesses received a grant from the Pedal Peak programme. In addition, the project focused on analysing and developing the visitor offer for 10 target towns. A recent independent evaluation and summative assessment had highlighted the value of the project to the tourism sector.

A project change request had been submitted by Marketing Peak District and Derbyshire (MPDD) to the Ministry of Housing, Communities and Local Government (MHCLG) seeking to extend the project to 31 March 2022, thereby increasing total project expenditure to £2,528,684 (including £1,264,342 ERDF).

However, the proposals went further than a simple extension of current activity but took into account the findings and lessons learnt from the original project responding to the changing strategic environment. To this end, the new Phase 2 project placed greater emphasis on the emerging international opportunities of the destination and the resulting economic growth of such activity. It would also build on the aspirations of Derbyshire’s Cultural Heritage

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and Tourism Board (CHAT) to deliver a ‘world class destination’ by taking forward key business support focused elements of the CHAT Action Plan including the proposed “Festival of Derbyshire” signature project.

Phase 2 would continue to support businesses to grow through the delivery of sector specific workshops, networking events and 1-2-1 advice. It would also deliver a small grants programme that would be widened out to all Derbyshire businesses. Planned outputs for the second phase of the project was 200 additional businesses. Specific activity proposed for Phase 2 was highlighted.

To summarise, the project provided a business focused intervention to support the ambitions of the CHAT Board and would ensure the sector continued to grow and develop and achieve its full potential, maximising and building upon a range of major investments including Peak Resort, Buxton Crescent, and the major transport investment offered by HS2. The project would also support and strengthen any proposed bid for a Tourism Action Zone as outlined in the Government’s recently published, Tourism Sector Deal.

A previous project change request, agreed with MHCLG, reduced the scale of the original “Growing and Developing the Visitor Economy Sector in Derbyshire” project from £1.5m to £1.3m. As a result, only £125,000 of the original Council match funding had been drawn down to date, leaving a residual £25,000 of approved funding in existing budgets. The proposal was to carry forward the residual £25,000 underspend from Phase 1 to Phase 2 and supplement with a further approval for £45,000. The total match funding being sought for Phase 2 delivery would be £70,000 to be drawn down over the three years of the proposed extension (2019 to 2022). This funding could be met from existing budgets in the Economic Regeneration Service.

RESOLVED to approve a total funding contribution of £70,000 across a total funding contribution of £70,000 across three years from 2019-22 from the Economy and Regeneration budget towards the proposed project extension to deliver the ‘Delivering a World Class Visitor Economy for Derbyshire (Phase 2)’ project.

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PUBLIC

MINUTES of a meeting of the CABINET MEMBER – ADULT CARE held on 13 June 2019 at County Hall, Matlock.

PRESENT

Councillor J Wharmby (in the Chair)

Also in attendance were Councillors C Dale, and A Fox

09/19 MINUTES RESOLVED that the minutes of the meeting held on 7 January 2019 be confirmed as a correct record and signed by the Cabinet Member.

10/19 EXCLUSION OF THE PUBLIC RESOLVED that the public be excluded from the meeting during the consideration of the remaining items on the agenda to avoid the disclosure of the kind of exempt information detailed in the following summary of proceedings:-

SUMMARY OF PROCEEDINGS CONDUCTED AFTER THE PUBLIC WERE EXCLUDED FROM THE MEETING

1. To confirm the exempt minutes of the meeting of the Cabinet Member for Adult Care held on 24 May 2018

2. To consider the report of the Executive Director, Commissioning Communities and Policy and Head of Paid Service and the Director of Organisation Development and Policy on Adult Care Senior Management Restructure (Contains information which is likely to reveal the identity of an individual)

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MINUTES of a meeting of the CABINET MEMBER FOR HIGHWAYS, TRANSPORT AND INFRASTRUCTURE held at County Hall, Matlock on 19 June 2019

PRESENT

Cabinet Member - Councillor S A Spencer

Also in attendance - Councillor T Ainsworth and G Hickton.

33/19 MINUTES RESOLVED that the Minutes of the meeting of the Cabinet Member for Highways, Transport and Infrastructure held on 9 May 2019 be confirmed as a correct record and signed by the Cabinet Member.

34/19 PROPOSED TRAFFIC REGULATION ORDER – STONEY MIDDLETON BYWAY OPEN TO ALL TRAFFIC NO. 15 KNOWN AS JACOB’S LADDER The Cabinet Member moved the consideration of this item ahead of the sequence in the agenda because he would be allowing some respondents who had asked in advance to speak at the meeting, to speak for up to 3 minutes each.

The report by the Executive Director on the TRO proposal referred to the responses to consultation and publication of a notice of a proposal by the County Council to make a Traffic Regulation Order (TRO) which had been authorised by the Cabinet Member on 20 October 2017. The proposal was to prohibit the use of this byway open to all traffic (BOAT), known as Jacob’s Ladder, by mechanically propelled vehicles (MPVs), subject to exceptions.

Consultation responses generally in favour of the proposal had been received from the Peak District Local Access Forum, Peak Horsepower Bridleways Group, Nottinghamshire Footpaths Society, Yorkshire Dales Green Lanes Alliance, Friends of the Peak District, Natural England and Peak District National Park. Thirty five individual representations in support had been received by letter or email. The key comments in favour included comments about it making the way safer for horse riders, cyclists and walkers; National Parks being places for quiet enjoyment; protect the beauty and tranquillity of the area; the BOAT being steep, narrow and unsuitable for horses and walkers to share with motor vehicles; and poor sight lines.

Consultation responses generally opposing the proposal had been received from Trail Riders Fellowship; Green Lane Association; Association of Peak Trail Riders; and Manchester 17 MCC Ltd. In addition, 266 individual representations had been received in objection by letter or email. The report identified as key themes from these responses, concerns that closure of ‘green lanes’ being a threat to ‘the sport’; that other methods of control to allow safe and responsible use had not been explored; that water damage not vehicles had caused deterioration; that the proposal was targeting one group, of niche users; that the BOAT was wide enough to be sustainable for motorcyclists if kept well maintained; and that it would

1 Page 31 discriminate against people who were disabled. The report included details of and officer observations on the various relevant issues.

The report referred to relevant guidance and policies as contained in Making the Best of Byways, DEFRA December 2005; Regulating the use of motor vehicles on public rights of way and off Road, DEFRA December 2005; and Derbyshire County Council Management of Green Lanes 2012-2017. . The Legal Services officer made reference to a letter from solicitors on behalf of the Trail Rider Fellowship which had criticised the report and the processing of the proposal by the Council, and which included a request for the Trail Rider Fellowship’s 18 page letter of representations to be read out in full. The Cabinet Member did not require this, explaining that he had read it, and was satisfied that it had been duly taken into account in the production of the report. He considered that reading it out would be giving it special treatment which was not being accorded to any other representations.

In accordance with requests received by the Cabinet Member before the meeting Anne Robinson (on behalf of PDGLA and Friends of the Peak District), Karen Haywood, (Volunteer Access and Bridleway Officer for North Derbyshire, British Horse Society) Marilyn Holyoake (resident of Stoney Middleton), and Andrew Richardson (having a business relating to motor cycle riding) were each allowed to address the meeting for up to three minutes.

Anne Robinson, Karen Haywood and Marilyn Holyoake each spoke in favour of the proposed TRO and supported the recommendation. Amongst the issues mentioned were disruptive impacts on the village of Stoney Middleton from MPVs associated with BOAT travelling on, and congregating on The Nook, and the absence of need for a public inquiry.

Mr Richardson explained that he also spoke on behalf of the Trail Riders Fellowship, because its representative who was to be allowed to speak had been unable to attend the meeting. He had concerns relating to the impact the proposed TRO would have on his business, which was concerned with responsible motor cycle riding on the public right of way network. He did not consider that there was any need to prohibit motorcycle use of the BOAT.

The Cabinet Member pointed out that he did not accept that the consultation process had been inadequate. The notification and consultation had been repeated in September 2018 to overcome the practical difficulty presented by a failure of the Councils on–line facility in June 2018, via the Council’ website, to capture contact details from on-line respondents. All interested parties had had full opportunity to make representations on the proposal. He also considered that the aim of the alternative proposal for authorisations for continuing motorcycle usage as set out towards the end of the Fellowship’s representations was reflected in the proposal because it provided an exemption for traffic which had prior authorisation in writing from the County Council, so it would allow for specific advance authorisations to be 2 Page 32 granted for occasional motorcycle use. The Cabinet Member concluded that he was in full agreement with the officer recommendation.

RESOLVED to authorise the making of a Traffic Regulation Order under Section 1 of the Road Traffic Regulation Act 1984 to prohibit the use of the road which is recorded as Stoney Middleton Byway Open to All Traffic No. 15 known as Jacob’s Ladder, with mechanically propelled vehicles, subject to the exemptions proposed in the formal Notice of the proposal of the Traffic Regulation Order published on 6 September 2018, on the grounds set out in that notice.

35/19 PETITIONS RESOLVED (1) to receive the under-mentioned petitions:-

Location/Subject Signatures Local Member

Request for Footpath between 394 Councillor A Dale Apperknowle Village and The Travellers and Hard Standing at the Bus Stop on High Street, Apperknowle

Request for Traffic Calming 264 Councillor D Charles and B and Safety Measures on Main Ridgway Road between Marsh Lane and Eckington School

(2) that the Executive Director – Economy, Transport and Environment investigates and considers the matters raised in the petitions.

36/19 PETITION HOLBROOK – REQUEST FOR 20MPH SPEED LIMIT A petition has been received requesting the County Council to introduce a 20mph speed limit throughout the village of Holbrook in Derbyshire.

The County Council implemented a 20mph speed limit trial in Padfield in 2015 and Brassington, Ilkeston and Fritchley, were identified in 2016 as further pilot projects. A report was submitted to the Cabinet Member meeting on 31 January 2019, based on the analysis obtained from the trial site at Padfield and the publication by the Department for Transport (DfT) on 22 November 2018 of its update on National Guidance for 20mph speed limits. There was no evidence to suggest that the reduction in speed limit has seen a reduction in the number of collisions or casualties.

In respect of the village of Holbrook, there have been five personal injury collisions within the last three years. Four of the five collisions occurred along the length of Port Way/Town Street and none were of attributable factors that were related to vehicle speeds. The fifth reported collision occurred on Makeney Road and involved a vehicle rolling off a private driveway. There was a perception that 3 Page 33 such speed limits improved people’s perception of where they live, and encouraged a greater uptake in walking and cycling, which was made reference to in the petition submission. However from the County Council’s trial site, collision history and the DfT’s extensive research, it was suggested that the use of 20mph speed limits would be of little significant benefit in Holbrook.

RESOLVED (1) to reject the proposal for the introduction of a 20mph speed limit in the village of Holbrook; and

(2) that the Local Member and Lead Petitioner be informed of the decision accordingly.

37/19 PETITION – NETHERMOOR LANE, KILLAMARSH CONCERNS REGARDING HIGHWAY SAFETY Following receipt of a petition concerning safety at a double bend located towards the end of the cul-de-sac on Nethermoor Lane in Killamarsh, investigations have been undertaken.

The design standards used for the road have deliberately incorporated a double bend which naturally kept speeds down with road users having to carefully negotiate the layout. However, the petitioners felt that this design caused an issue as an area of planting within the boundary of a private dwelling reduced the forward visibility when travelling around the double bend. It was acknowledged that all the planting on either side of the road should stay within the confines of each property boundary and that it did not encroach onto the adopted highway.

The Council’s collision database indicated an excellent safety history on Nethermoor Lane, and the introduction safety measures could not, therefore be recommended.

RESOLVED that (1) Derbyshire County Council’s Maintenance Team inspects the private planting to ensure there is no encroachment onto the adopted highway; and

(2) the Local Members and lead petitioner be informed accordingly.

38/19 PROPOSED EXTENSION OF THE FOOD BAG PROJECT IN HIGH PEAK On 25 July 2018, the Cabinet Member approved the expansion of the Food Bag project across the Glossop and Buxton areas to issue compostable food bags that would encourage more householders to divert food waste for composting through their garden waste bins for the period of October 2018 to September 2019.

In the early stages of the project, Glossop households composted 0.48kg per household per week and in the last six months have been composting 0.53kg. Surveys have found that the average across the Buxton area was 0.44kg. The project incurred additional costs to supply compostable bags to households and to promote the scheme. These costs could be absorbed by the landfill savings resulting 4 Page 34 from the project provided that households continued to divert more than 0.40kg per household per week.

The food waste collected was composted at the County Council’s in-vessel composting plant at Waterswallows, Buxton. This facility was managed by Suez on the County Council’s behalf and has confirmed it was satisfied with the inputs from the project and would continue to spread the resulting compost on agricultural land in the Buxton area.

Approval was now being sought for the continuation of the compostable food bag for householders in the Glossop and Buxton areas.

Additional social media marketing in Buxton would be known undertaken in the summer and a further report would presented to the Cabinet Member in autumn 2019 in regards to future developments to the project that could commence in spring 2020.

It was noted that Government was currently consulting on its recently published Resource and Waste Strategy. This document proposed that all councils provide weekly collection of food waste from all households.

RESOLVED (1) to approve the continuation of the compostable food bag project in the Glossop and Buxton areas until March 2020, whereby the County Council funds the costs outlined in the report from disposal savings; and

(2) that a further report is submitted to the Cabinet Member in autumn 2019 to update on progress with food diversion in the Buxton area with proposals for the project for 2020 onwards.

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Agenda Item No

DERBYSHIRE COUNTY COUNCIL

CABINET

11 July 2019

Report of the Director of Finance & ICT

REVENUE OUTTURN 2018-19 (STRATEGIC LEADERSHIP, CULTURE AND TOURISM)

1 Purpose of the Report

To set out the final outturn position for 2018-19, identify significant variations from the revised estimate and identify commitments already agreed against the underspend, together with proposals for the further use of underspends. To also identify the impact of the 2018-19 outturn on future years and any action proposed. The report also sets out the Council’s Earmarked Reserves position.

2 Information and Analysis

Financial Context

The Council has been making significant budget savings since 2010. The Council’s Five Year Financial Plan (FYFP) was updated and reported to Full Council in February 2019 (Appendix Six of the Revenue Budget Report 2018-19). It highlights that further budget savings are required until 2023-24.

The outturn position for 2018-19, summarised below, highlights underspends in all portfolios except Young People.

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Budget Actuals Outturn £m £m £m Adult Care 240.457 230.974 (9.483) Council Services 44.381 43.746 (0.635) Economic Development and Regeneration 0.868 0.682 (0.186) Health and Communities (exc. Public Health) 1.933 1.652 (0.281) Highways, Transport and Infrastructure 77.974 76.781 (1.193) Strategic Leadership, Culture and Tourism 13.276 12.852 (0.424) Young People 100.337 104.557 4.220 Total Portfolio Outturn 479.226 471.244 (7.982) Risk Management 2.499 0.000 (2.499) Debt Charges 28.505 23.954 (4.551) Other Corporate Budgets (22.110) (20.136) 1.974 Total 488.120 475.062 (13.058)

The reasons for the under/overspends are set out later in the report.

In order to achieve a balanced budget over the medium term the Council is reliant on the achievement of a programme of budget savings. Progress against the budget savings targets will be closely monitored, however, lead-in times for consultation activity and increased demand on services such as Children’s Services and Adult Care demographics mean that there is a continued risk of not achieving a balanced budget. Portfolios have requested use of underspends to help manage the budget savings in 2019-20 to 2023- 24. The delivery of the Council’s FYFP is heavily dependent on an adequate level of General Reserve, the underspend generated in 2018-19 was materially anticipated when the Council took decisions at its budget setting meeting in February 2019. The need to maintain an adequate, risk assessed level of reserves has been a key part of the Council’s success in both maintaining its financial standing and continuing to deliver high quality services.

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Revenue Outturn

Turning to the position for each portfolio:

Adult Care

The portfolio underspent by £9.483m. The main variations were:

(Under)/Over Main Reason for Outturn Service Spend Position £m Over-achievement of the target to reduce costs through demand management and a Purchased Services – all (1.802) reclaim of costs from another clients local authority following a successful ordinary residency claim. Savings made on the Integrated Community Pooled Equipment (1.416) Equipment Service pooled with the Derbyshire Clinical Commissioning groups. High level of vacancies due to Social Care Activity (1.428) difficulty in recruiting staff. Savings on various schemes including Commissioned Carer Information and Services, Healthwatch and (0.884) Early Intervention Dementia Services and Direct Payment Employment Support. Commissioning Vacancy management and (0.715) and Service Delivery efficiency measures. Housing Related Under-utilisation on a number (0.913) Support of spot contracts. Balance of budget growth not Unallocated Budgets (2.032) allocated to services. Other - Net Underspend (0.293) - TOTAL (9.483)

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Of the £9.483m underspend, it is proposed that £7.324m be transferred to an Earmarked Reserve to contribute to the capital cost of implementing the Older People’s Housing Strategy and the remaining £2.159m is transferred to other Adult Care Earmarked Reserves.

The budget savings target for 2018-19 was £4.973m, with a further £1.122m brought forward from previous years. All of this total target of £6.095m was achieved by the end of the financial year.

Savings were achieved in 2018-19 in the following areas:

Description £m Consolidation of Block Contracts 0.200 Reduction in Commissioning and Performance Staffing 0.225 Demand Management 2.500 Use of Improved Better Care Fund 3.170 Total Savings Achieved 2018-19 6.095

One-off factors which supported the 2018-19 outturn position were as follows:

One-Off Funding/Savings £m Adult Social Care Support Grant 2.267 Winter Pressures Grant 3.627 One-Off Funding/Savings 2018-19 5.894

Council Services

The portfolio underspent by £0.635m. The main variations were:

(Under)/Over Main Reason for Outturn Service Spend Position £m Achievement of additional savings from previous years' budget reduction initiatives. Strategic Management (0.429) These savings will be re- allocated to other pressures within the division.

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Vacancy control, especially in the ICT division. The new approved ICT Strategy will reduce the level of these vacancies, to enable its target Finance and ICT (0.883) outcomes to be achieved. Additional income has also been achieved from services provided to schools and the Welsh Government.

Delays in achieving budget savings. These savings will Legal Services 0.183 be achieved by a restructure of the service, which is currently in progress. The service is currently conducting a major review of the HR function across the Council. A number of posts Human Resources (0.516) have been held vacant, to help meet savings targets in future years and also to give some flexibility when implementing the review. Under achievement of the income target for industrial estate properties. A number of the units are leased to Industrial Development 0.676 charities at below market rates, others are benefitting from rent free periods to attract businesses and offset maintenance costs. A significant increase in spend on day to day maintenance of Council buildings, particularly on the County Hall complex. County Buildings 0.451 An unplanned payment was made to High Peak Borough Council for running costs of Glossop Municipal Buildings backdated to 2016-17. County Property - Other (0.111) -

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Members (0.005) - Other - Net Underspend (0.001) - TOTAL (0.635)

The budget savings target for 2018-19 was £1.446m. Of this target, £1.342m was achieved by the end of the financial year.

Savings were achieved in 2018-19 in the following areas:

Description £m HR Staffing 0.126 Legal Services Staffing and Income 0.105 Reduction in Contribution to IT Reserve 0.170 Wide Area Network Contract 0.200 Property Staffing 0.050 Property Income 0.411 Lullington Traveller Site 0.045 Reduction in Contribution to Insurance Fund 0.105 Reduction in Support to SAP Developments 0.130 Total Savings Achieved 2018-19 1.342

It is now anticipated that £0.075m of planned savings relating to Legal Services may not be achieved because of workload issues. However, the service is currently undertaking a review of its functions.

One-off factors which supported the 2018-19 outturn position were as follows:

One-Off Funding/Savings £m Corporate Property Asset Valuations (Service Pressure) 0.066 Budget Savings Shortfall Support (Service Pressure) 0.143

One-Off Funding/Savings 2018-19 0.209

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Economic Development and Regeneration

The portfolio was underspent by £0.186m. The main variations were:

(Under)/Over Main Reason for Outturn Service Spend Position £m Funding within the Enhanced Enterprise and Investment Service is set aside to lever in external funding. Suitable Economic Development (0.233) projects, which deliver sufficient value for money, have not been identified this year to secure this funding, so it remains unspent. Markham Vale 0.041 - Coalite 0.006 - TOTAL (0.186)

The budget savings target for 2018-19 was £0.325m. Of this target, £0.106m was achieved by the end of the financial year.

Savings were achieved in 2018-19 in the following areas:

Description £m Markham Growth Zone 0.106 Total Savings Achieved 2018-19 0.106

The full savings target was not achieved in 2018-19 because of slippage in the programme; however, the remainder is expected to be achieved in 2019-20.

Health and Communities

The portfolio was underspent by £0.281m. The main variations were:

(Under)/Over Main Reason for Outturn Service Spend Position £m Reduction of expenditure on Community Safety (0.150) one off projects. Emergency Planning (0.074) -

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Trading Standards (0.003) - Coroners 0.048 - Vacancy control and higher income generated than Registrars (0.102) anticipated from services provided. TOTAL (0.281)

The budget savings target for 2018-19 was £0.082m. However, £0.147m of savings were actually achieved by the end of the financial year.

Savings were achieved in 2018-19 in the following areas:

Description £m Community Safety 0.052 Trading Standards 0.030 Registrars 0.065 Total Savings Achieved 2018-19 0.147

One-off factors which supported the 2018-19 outturn position were as follows:

One-Off Funding/Savings £m Trading Standards - Older People Support (Service Pressure) 0.082 One-Off Funding/Savings 2018-19 0.082

Highways, Transport and Infrastructure

The portfolio was underspent by £1.193m. The main variations were:

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(Under)/Over Main Reason for Outturn Service Spend Position £m The winter maintenance budget has overspent by £1.943m, partly because of costs arising from the long and severe winter of 2017-18 extending into the 2018-19 financial year. This was offset by an underspend in routine maintenance.

Additional grant of £8.414m was allocated from the Highway Maintenance 0.352 Department for Transport in November 2018 for the purpose of repairing potholes, keeping local bridges and structures open and safe, and other minor highway works. Due to time limitations on the funding, the Council has focused on the interventions prescribed by the grant. This has resulted in a reduction in planned expenditure on other budgets. There has been less take up Public and Community (0.323) of Concessionary Fares (Gold Transport Card) than expected.

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Electricity income from the New Waste Treatment Facility (NWTF) has been greater than forecast (£0.808m) and Business Rates have not been paid because of the delay in commissioning the NWTF aste Management (2.403) (£0.340m). Stanton Transfer Station costs have reduced (£0.225m) and recycling credit payments were less than budgeted (£0.230m). Also, waste tonnages in 2018-19 have been less than forecast (£0.795m). Over-recovery of £1.973m of Section 38 and 278 (Highways Act 1980) agreements and planning application fee Planning and Development (1.639) income. This was offset by a saving target of £0.518m which has yet to be allocated within these services. Resources and (0.303) Vacancy control. Improvement This relates to savings which Unallocated Budget have not yet been allocated to 3.321 Savings specific services and is therefore an overspend. Other - Net Underspend (0.198) - TOTAL (1.193)

The budget savings target for 2018-19 was £2.127m, with a further £2.794m brought forward from previous years. Of this total £4.921m target, £1.106m was achieved by the end of the financial year.

Savings were achieved in 2018-19 in the following areas:

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Description £m Street Lighting LEDs 0.196 School Crossing Patrollers 0.060 Winter Maintenance 0.500 Gold Card Concessionary Fares 0.250 Road Safety 0.100 Total Savings Achieved 2018-19 1.106

The following budget savings were not fully achieved in 2018-19:

• Street Lighting LED project because of the late implementation of the contract. • Road Safety because of a delay in relevant legislation being passed.

These savings are expected to be achieved in full in 2019-20.

One-off factors which supported the 2018-19 outturn position were as follows:

One-Off Funding/Savings £m Waste Management Costs (Service Pressure) 0.634 Business Rates - NWTF Delayed Use 0.340 Highways Maintenance (Service Pressure) 1.000 Street Lighting Energy (Service Pressure) 0.148 Planning Monitoring Systems (Service Pressure) 0.110 HS2 Co-ordination Officer (Service Pressure) 0.064 One-Off Funding/Savings 2018-19 2.296

Strategic Leadership, Culture and Tourism

The portfolio was underspent by £0.424m. The main variations were:

(Under)/Over Main Reason for Outturn Service Spend Position £m Staff turnover and vacancies, Communications (0.331) mainly in the Contact Centre. Staff turnover and a reduction Policy (0.127) in running costs. Libraries (0.019) - Conservation 0.082 -

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Tourism and Twinning (0.029) - TOTAL (0.424)

The budget savings target for 2018-19 was £0.568m, with a further £0.220m brought forward from previous years. Of this total £0.788m target, £0.080m was achieved by the end of the financial year.

Savings were achieved in 2018-19 in the following areas:

Description £m Museum Staff 0.040 Historic Buildings 0.040 Total Savings Achieved 2018-19 0.080

Environmental Studies and Forest Schools were allocated a saving of £0.120m, but this will not be achieved until 2020-21.

One-off factors which supported the 2018-19 outturn position were as follows:

One-Off Funding/Savings £m Budget Savings Shortfall Support (Service Pressure) 0.278 One-Off Funding/Savings 2018-19 0.278

Young People

The portfolio was overspent by £4.220m. The main variations were:

(Under)/Over Main Reason for Outturn Service Spend Position £m During 2018-19, a greater proportion of the places available have been taken by 16/17 year olds, as opposed to asylum-seeking children or Block Purchase 0.545 care leavers. Accommodation Accommodation providers cannot claim housing benefit for young people under the age of 18, which increases the cost to the Council.

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Increased numbers of children who are placed in residential care with outside agencies Residential Provision - 2.939 and an increase in the costs of Outside Agencies those agencies meeting the needs of the children placed with them. A continued increase in the Special Guardianship 0.646 number of children placed with a carer. An increase in direct payments to support disabled children and their families. Increased expenditure on placements for disabled Disabled Children’s 1.613 children because of an Services increase in places provided by external agencies. There is also a budget reduction applied to the service which has yet to be achieved. Increased expenditure on adoption fees paid to other Adoption support 0.428 organisations for finding adoptive families for Derbyshire children. The number of proceedings and the complexity of cases is increasing, which requires Legal Charges 1.325 more payments for specialist advice and support and increased court fees.

Fewer children and young people being supported during 2018-19. Additionally, the mix of young people by age has Asylum Seeking Children (0.688) meant that a greater proportion of costs have been covered by the grants from the Home Office than budgeted.

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Increased numbers of children in care where Derbyshire foster families are unable to provide a foster home. This Fostering - Outside can be due to a lack of 2.341 Agencies placement availability with Derbyshire foster families, or because the needs of the children cannot be met by a Derbyshire foster family. Increased number of children Semi-Independent Living 1.121 in care accommodated by the for Children in Care Council. Youth Service/Multi-agency (1.606) Vacancy control. Early Help Teams There has been a shortfall in the contributions received from schools. A number of schools are opting to provide early help and support to children and young people Contribution from Schools themselves or via other and Dedicated Schools 1.424 arrangements. A new formula Grant (DSG) to Early Help for calculating the allocation of Offer the DSG to local authorities, coupled with new requirements, means that the level of support originally envisaged can no longer be provided. Increased costs because of an increase in the number of families in need that are seeking financial support, linked to the introduction of universal credit and families Support to Families in affected during and after 0.507 Need transition to the new arrangements. There is also an increase in the number of families that have no other recourse to public funds where support payments have been made.

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Increased costs because of an increase in numbers of students with educational needs that are being transported, an increased proportion of sole journeys Home to School Transport 1.979 rather than shared vehicles and an increased need for specialist vehicles for some children. Also, transport to Pupil Referral Units is now charged to the Council's budgets. There has been an increase in the number of children and young people, with the most complex needs, qualifying for access to this pooled Pooled Budget for Children resourcing arrangement 0.497 with Complex Needs between the Council and the Clinical Commissioning Groups. The overspend is based on the Council's cost- share of the pooling arrangement.

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£2.603m of temporary underspends occurred because of unfilled vacancies, additional grant income and other resources. Expenditure has been delayed, where possible, to mitigate against overspends because of social care demand pressures. £1.763m of budget growth One-off spend, releases allocated was not required for from reserves and other 2018-19, as expenditure will (5.698) temporary reductions in not commence until 2019-20, spend the largest element of which relates to social workers where not all posts have yet been recruited to. £0.803m of earmarked reserves have been released. The residual underspend is primarily overhead recovery from those services that are trading with schools and other organisations. Held to support overspending demand-led budgets such as Unallocated Budgets (0.598) placements for children in care. Mainly because of unfilled vacancies for part of the year Other - Net Underspend (2.555) and savings of a one-off nature. TOTAL 4.220

The budget savings target for 2018-19 was £2.906m. Of this target, £2.434m was achieved by the end of the financial year.

Savings were achieved in 2018-19 in the following areas:

Description £m Sport and Outdoor Education 0.107 Aftercare 0.210 Section 17, Flexible Budgets and ELE support 0.010 Preventing Family Breakdown 0.040 SEND Team Restructure 0.275 16 PHR-970 Page 52

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Access and Inclusion 0.153 Finance 0.021 HR and Workforce Development 0.178 Quality, Performance and Participation 0.020 Information and ICT 0.030 Ongoing Pensions Payments 0.148 Education Psychology 0.149 Care Leavers Employment Project 0.030 Donut Arts Centre 0.072 Joint Projects 0.011 Increased contribution from grants to fund services 0.014 Reduction in Early Help 0.300 Catering 0.211 Education Services Grant contributions from LA Schools 0.455 Total Savings Achieved 2018-19 2.434

One-off factors which supported the 2018-19 outturn position were as follows:

One-Off Funding/Savings £m Funding from reserves and other temporary reductions in spend, offset by one-off spend 5.698 Children's Services Demographics (Service Pressure) 4.000 Children’s Social Care Remodelling (Service Pressure) 4.000 Care Leavers (Service Pressure) 0.402 Child Protection Staff (Service Pressure) 0.150 Organisation Models for Small Schools (Service Pressure) 0.380 One-Off Funding/Savings 2018-19 14.630

Corporate Budgets

Corporate budgets were underspent by £5.076m. The main variations were:

(Under)/Over Main Reason for Outturn Service Spend Position £m Additional funding received in- Risk Management (2.499) year. Delays in the implementation Debt Charges (4.551) of the capital programme.

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More income from interest and dividends than planned (£0.445m), offset by Other Corporate Budgets 1.974 impairment of investments (£0.553m) and unallocated budget savings of £1.812m. TOTAL (5.076)

As part of the Council’s budget setting for 2019-20, the vast majority of any ongoing underspend on these budgets was allocated to fund significant service pressures in other areas, principally around services to children.

Dedicated Schools Grant (DSG)

The DSG is a ring-fenced grant comprising four individual blocks: Schools Block, High Needs Block, Early Years Block and Central Block. Allocations of the blocks are governed by the Schools and Early Years Finance Regulations. Any underspend or overspend on the grant is carried forward to future years, within the accumulated balance of the DSG Earmarked Reserve.

There was an overspend on DSG of £0.807m. The main variations were:

(Under)/Over Main Reason for Outturn Service Spend Position £m Higher than planned spend on top-ups: £2.365m on special schools provision, £0.796m on High Needs Block 3.975 post-16, £0.562m for secondary schools and academies and £0.290m direct payments. Underspend arising from Central Early Years (0.269) unfilled staffing vacancies. Approved plan to leave £0.300m of the 2018-19 DSG unallocated so that it could be Other central budgets (0.283) transferred to the reserve for pre- and post-opening grants for new schools.

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Reduced expenditure because financial support was School KS1 class size fund (0.291) restricted in 2018-19 to schools with fewer than 300 pupils on roll. Underspend on insurance and refunds of maternity costs to schools, offset by increased Schools’ re-pooled budgets (0.251) contingency support to schools with financial challenges. Lower redundancy costs than Schools’ top-sliced funds (0.187) the top-sliced funds collected. Free Childcare for (0.044) - Disadvantaged 2 year-olds 3 & 4 year-olds in Private Voluntary and Independent 0.025 - (PVI) settings, schools and academies Additional High Needs Block funding of £1.600m awarded in December 2018 and savings to the Council which Grant Income (1.868) arise in the year a school converts to an academy because of eligibility of the converting school to 80% rate relief. TOTAL 0.807

Public Health Grant

The Public Health Grant is a ring-fenced grant. Any underspend or overspend on the grant is carried forward to future years, within the accumulated balance of the Public Health Grant Earmarked Reserve.

There was an underspend on the Public Health Grant of £2.790m. The main variations were:

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(Under)/Over Main Reason for Outturn Service Spend Position £m Live Life Better Derbyshire In-house service not yet (1.335) Service operating to full capacity. Activity based elements did Sexual Health Contract (0.455) not meet anticipated levels. Costs of the Residential Rehab Treatment and Substance Misuse (0.342) Impatient Detox services were lower than anticipated. Activity did not meet Smoking Cessation (0.154) anticipated levels. Activity did not meet Health Checks (0.148) anticipated levels. Other - Staffing vacancies (0.314) Vacancies. Other - Net Underspend (0.042) - TOTAL (2.790)

General and Earmarked Reserves

The balance on the General Reserve is £64.570m as at 31 March 2019, however there are commitments held against the balance, which are detailed in the summary below.

Earmarked Reserves are held to meet known or predicted liabilities and the funds should be used for the item for which they have been set aside. Any funds no longer required are returned to the General Reserve. The Council reviews the level of Earmarked Reserve at least annually.

The Council will undertake a review of reserves later in the year and report the outcomes to Cabinet in due course.

A summary of outstanding balances on Earmarked Reserves as at 31 March 2019 are shown in Appendix Two.

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Summary

All Portfolios, with the exception of Young People, achieved underspends.

There continues to be pressures on social care, which has resulted in a significant overspend in the Young People portfolio. The overspend in Young People was, in the main, driven by increased demand for Social Care support, such as placements for children in care, alternative arrangements for children unable to live with parents and increased numbers of children whose safety and well-being requires monitoring, through child protection plans and associated social worker support. The Council does not have the capacity to meet all of this increased demand from its internal resources so is placing increasing reliance on more expensive external services and service provision outside the Derbyshire locality.

The overspend on the Young People portfolio will be met from the General Reserve.

The underspend in Adult Care was, in the main, due an over-achievement of savings in the year.

The underspend in the Highways, Transport and Infrastructure portfolio has resulted from the receipt of more income from developer fees and waste management expenditure being less than expected, mainly because of lower waste tonnages and higher income receipts from electricity generation at the New Waste Treatment Facility. The extent of the underspend was reduced by budget savings which have yet to be identified and allocated to specific service areas.

There have also been underspends on corporate budgets, in Debt Charges and Risk Management. The underspend on the Risk Management budget largely relates to additional funding received in-year. The underspend on the Debt Charges budget is mainly due to delays in the implementation of the capital programme.

Departments have continued to look for ways of working more efficiently and effectively to reduce costs or generate additional income. To provide flexibility in meeting budget pressures and reduction targets it is proposed that portfolio underspends will be carried forward in departmental Earmarked Reserves. In addition, the process of detailed review of Earmarked Reserves will continue and any available balance will be returned to the General Reserve, as appropriate. Any decisions on the use of departmental Earmarked Reserves containing underspends will continue to be subject to appropriate approvals, either by Executive Director or Cabinet Member.

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A summary of the achievement of budget savings in the year for each portfolio is provided in Appendix Three.

The General Reserve stands at £64.570m in the Council’s Pre-Audit Statement of Accounts as at 31 March 2019. There are commitments held against this balance as follows:

General Reserve at 31 March 2019 £m Balance in Pre-Audit Accounts 64.570 Less: Allocations to Portfolios* Adult Care (9.483) Council Services (0.635) Economic Development and Regeneration (0.186) Health and Communities (0.281) Highways, Transport and Infrastructure (1.193) Strategic Leadership, Culture and Tourism (0.424)

Balance After Commitments 52.368 Anticipated Balance Expected as part of FYFP in Revenue Budget Report 2019-20 46.864

* Use of departmental Earmarked Reserves containing underspends subject to appropriate approvals, either by Executive Director or Cabinet Member.

3 Financial Considerations

As outlined above.

4 Other Considerations

In preparing this report the relevance of the following factors has been considered: financial, legal, prevention of crime and disorder, equality and diversity, human resources, environmental, health, property, transport and social value considerations.

5 Background Papers

Papers held in Technical Section, Room 137, Finance & ICT.

6 Key Decision

No

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7 Is it necessary to waive the call-in period?

No

8 Officer’s Recommendation

That Cabinet:

• Notes the departmental outturn position for 2018-19; • Notes the position on General and Earmarked Reserves; • Approves the allocation of underspend amounts to Portfolios; • Notes that requests for use of underspends in departmental Earmarked Reserves will be subject to appropriate approval, either Executive Director or Cabinet Member.

PETER HANDFORD

Director of Finance & ICT

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Summary of Underspends Balance to Allocation for remain in (Underspend)/ Balance after use of General Budget Actual Overspend Commitments Commitments Underspends Reserve £m £m £m £m £m £m £m Adult Care 240.457 230.974 (9.483) 0.000 (9.483) 9.483 0.000 Council Services 44.381 43.746 (0.635) 0.000 (0.635) 0.635 0.000 Economic Development and 0.868 0.682 (0.186) 0.000 (0.186) 0.186 0.000 Regeneration Health and 1.933 1.652 (0.281) 0.000 (0.281) 0.281 0.000 Communities* 60 Page Highways, Transport and 77.974 76.781 (1.193) 0.000 (1.193) 1.193 0.000 Infrastructure Strategic Leadership, Culture 13.276 12.852 (0.424) 0.000 (0.424) 0.424 0.000 and Tourism Young People 100.337 104.557 4.220 0.000 4.220 0.000 (4.220) Risk Management 2.499 0.000 (2.499) 0.000 (2.499) 0.000 2.499 Debt Charges 28.505 23.954 (4.551) 0.000 (4.551) 0.000 4.551 Other Corporate (22.110) (20.136) 1.974 0.000 1.974 0.000 (1.974) Budgets TOTAL 488.120 475.062 (13.058) 0.000 (13.058) 12.202 0.856

*the ring-fenced Public Health underspend of £2.790m will be transferred to the Public Health Earmarked Reserve.

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Earmarked Reserves

31 Mar Transfers 31 Mar 2018 In Out 2019 £m £m £m £m Adult Care Older People's Housing Strategy 0.000 (22.676) 0.000 (22.676) Other reserves (4.182) (0.098) 3.997 (0.283) Sub Total (4.182) (22.774) 3.997 (22.959) Council Services Budget Management (20.850) (22.282) 12.340 (30.792) Loan Modification Gains/Losses 0.000 (29.224) 0.784 (28.440) Insurance and Risk Management (20.627) (0.086) 0.643 (20.070) Revenue Contributions to Capital (6.533) (17.081) 6.533 (17.081) Planned Building Maintenance (6.517) (1.200) 1.435 (6.282) Business Rates Strategic Investment Fund 0.000 (4.889) 0.000 (4.889) Uninsured Financial Loss (13.000) 0.000 9.500 (3.500) PFI Phase 1 (3.210) (0.211) 0.075 (3.346) Computer Purchasing (4.923) (0.100) 1.808 (3.215) Change Management (4.133) (0.097) 1.851 (2.379) Property DSO (2.955) (1.693) 2.947 (1.701) Other reserves (12.555) (10.391) 9.537 (13.409) Sub Total (95.303) (87.254) 47.453 (135.104) Economic Development and Regeneration D2 Growth Fund (0.200) 0.000 0.000 (0.200) Markham Environment Centre (0.114) 0.000 0.000 (0.114) Skills Training (0.101) 0.000 0.000 (0.101) Other reserves (0.572) (0.009) 0.163 (0.418) Sub Total (0.987) (0.009) 0.163 (0.833) Health and Communities Public Health Grant (6.811) (2.790) 2.000 (7.601) Domestic Abuse 0.000 (2.000) 0.000 (2.000) S256/External Funding (0.343) 0.000 0.089 (0.254) Other reserves (0.364) (0.097) 0.024 (0.437) Sub total (7.518) (4.887) 2.113 (10.292)

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31 Mar Transfers 31 Mar 2018 In Out 2019 £m £m £m £m Highways, Transport and Infrastructure Prior Year Underspends (6.056) (3.690) 0.460 (9.286) Broadband (5.430) (0.691) 2.190 (3.931) Winter Maintenance (2.000) 0.000 0.000 (2.000) Road Safety Public Service Agreement (PSA) (1.217) 0.000 0.035 (1.182) Derby and Derbyshire Road Safety Partnership Reserve (0.805) (0.027) 0.247 (0.585) IT Reserve (0.554) (0.110) 0.105 (0.559) Waste Recycling Initiatives (0.391) 0.000 0.000 (0.391) Other reserves (3.006) (0.307) 1.514 (1.799) Sub Total (19.459) (4.825) 4.551 (19.733) Strategic Leadership, Culture and Tourism Policy & Research (1.292) 0.000 0.238 (1.054) Prior Year Underspends (1.398) (0.008) 0.493 (0.913) Derbyshire Challenge Fund (0.678) (0.192) 0.304 (0.566) Library Restructure 0.000 (0.429) 0.000 (0.429) High Needs Strategic Funding (0.600) 0.000 0.358 (0.242) Derwent Valley Mills World Heritage Site (0.216) 0.000 0.023 (0.193) Other reserves (1.689) (0.068) 1.161 (0.596) Sub Total (5.873) (0.697) 2.577 (3.993) Young People Schools Balances (31.303) (5.406) 10.666 (26.043) Dedicated Schools Grant (DSG) (10.036) (0.079) 4.512 (5.603) Tackling Troubled Families (4.161) (2.831) 2.909 (4.083) Prior Year Underspends (0.853) 0.000 0.107 (0.746) School Rates Refunds (0.399) (0.201) 0.000 (0.600) Primary Teacher Pool Premium (0.511) (0.496) 0.511 (0.496) Youth Activity Grants (0.375) 0.000 0.045 (0.330) Foster Carer Adaptations (0.406) (0.025) 0.169 (0.262) Unaccompanied Asylum Seeking Children (0.064) (0.179) 0.000 (0.243) School Organisation Fund 0.000 (0.230) 0.000 (0.230) Care Leavers Internships (0.215) 0.000 0.079 (0.136) Other reserves (5.928) (0.102) 4.263 (1.767) Sub Total (54.251) (9.549) 23.261 (40.539) Overall Totals (187.573) (129.995) 84.115 (233.453)

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Budget Savings Monitoring 2018-19

Target not Actual Savings Budget Savings Targets Savings Initiatives Identified Identified Savings Shortfall

Not yet achieved Actual Brought (Shortfall)/ Forward (Shortfall)/ Additional Additional Achieved Achievement Prior Current Total Prior Current Total Identified by Financial of Savings Portfolio Year Year Target Year Year Identified Savings Year End Target

Page 63 Page £m £m £m £m £m £m £m £m £m AC 1.122 4.973 6.095 1.122 4.973 6.095 0.000 6.095 0.000 CS 0.000 1.446 1.446 0.000 1.402 1.402 (0.044) 1.342 (0.104) EDR 0.000 0.325 0.325 0.000 0.325 0.325 0.000 0.106 (0.219) HC 0.000 0.082 0.082 0.000 0.182 0.182 0.100 0.147 0.065 HTI 2.794 2.127 4.921 0.000 1.600 1.600 (3.321) 1.106 (3.815) SLCT 0.220 0.568 0.788 0.000 0.251 0.251 (0.537) 0.080 (0.708) YP 0.000 2.906 2.906 0.000 2.937 2.937 0.031 2.434 (0.472)

Total 4.136 12.427 16.563 1.122 11.670 12.792 (3.771) 11.310 (5.253)

AC = Adult Care ; CS = Council Services ; EDR = Economic Development and Regeneration ; HC = Health and Communities ; HTI = Highways, Transport and Infrastructure ; SLCT = Strategic Leadership, Culture and Tourism ; YP = Young People

PHR-970 27 This page is intentionally left blank Agenda Item 6(b)

PUBLIC

Author: Jill Beacham (x36549)

Agenda Item No.

DERBYSHIRE COUNTY COUNCIL

CABINET

11 July 2019

Report of the Executive Director for Children’s Services

CHILDREN’S SERVICES CAPITAL PROGRAMME 2018-19 FURTHER ALLOCATIONS AND 2019-20 CAPITAL PROGRAMME ALLOCATIONS (YOUNG PEOPLE)

1. Purpose of Report

To note allocations approved under delegated powers by the Strategic Director for Children’s Services and by the Head of Development and to approve an interim Children’s Services Capital Programme 2019-20 and allocations to individual projects.

2. Information and Analysis

On 18 April 2019, Cabinet approved and noted further allocations to the Children’s Services Capital Programme which left an unallocated balance of £1,811,470 . Approvals made under delegated powers to top up previously approved allocations are summarised in the tables below:-

Approval by the Strategic Director for Children’s Services

School Scheme Approved - Amount £ Balance £ or + Findern New hall with link – 12/4/19 - £65,610 £1,745,860 Primary £450k approved by School Cabinet 20/7/17.The Strategic Director approved a further 1 Page 65

£225k on 26/4/18. Revised budget £740,610. Woodbridge Classroom 12/4/19 £45,000 £1,700,860 Junior extension - School £298,455 S106 monies approved by Cabinet 16/11/17+ £51,545 basic need approved 20/9/18 = £350k. Additional funding for demolition of life expired building as enabling works. Alfreton Hydrotherapy Pool 29/4/19 - £239,974 £1,460,886 Park – Budget Special £1,553,976 School approved by Cabinet 4/9/12 + 5/3/18. Additional funding for acoustics panels and anti-slip flooring identified following opening of pool. Glossopdale Canopy – to ease 29/4/19 - £49,649 £1,411,237 School congestion in dining room identified following the new School’s opening in June 2018.

Approval by the Head of Development

School Scheme Approved - Amount £ Balance £ or + Hady 2 classroom 8/4/19 - £21,540 £1,389,697 Primary modular – School £446,540. £425,000 approved by Cabinet 26/7/18.

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Revised budget

School Condition Allocation

On 4 April 2019, the DfE announced School Condition Allocations for 2019-20 which includes £7,681,922 for the Authority to allocate to projects in the schools for which it is responsible for capital funding. This is added to the unallocated balance of £3,556 from 2018-19 providing an overall balance of £7,685,478.

A separate allocation of £506,797 was made for Voluntary Aided Schools. This funding is allocated via the Local Authority Voluntary Aided Programme (LCVAP) and will be the subject of another paper to Cabinet.

Basic Need Allocation

On 5 March 2019, the DfE announced that the Basic Need allocations for 2020-21 onwards would not be announced in March as expected but will await the next spending review that will take place on an unspecified date in 2019. This is therefore an interim programme until full funding is available. The DfE has previously announced the Basic Need allocations for Derbyshire up to the financial year 2019-20 for schemes to be delivered by September 2021. There remains an unallocated balance of £936,507.

Healthy Pupil Capital Fund

For 2018-19, the DfE made an allocation of £776,839 to the Authority from the Healthy Pupil Capital Fund (HPCF). On 26 July 2018, Cabinet agreed, as part of the 2018-19 Capital Programme, to separate £400,000 of the HPCF allocation into a fund to address schemes relating to the improvement of health in accordance with the funding guidelines. There remains a balance of £76,351 from this allocation. The balance of £376,839 was to be utilised for a health-related joint matched funding scheme. However, following discussion, it was established that neither Children’s Services nor County Property had the capacity to deliver another joint match funding scheme. With the agreement of the Cabinet Member, it was decided to hold the monies for a year and to add to next year’s allocation. The Authority has not been notified of an allocation for 2019-20 and is considering options to allocate the monies in accordance with the funding guidelines. The total unallocated balance is £453,190.

A breakdown of the proposed programme is included in Appendices A, B & C. It comprises the following elements:

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Appendix A: Basic Need • Basic Need schemes - the provision of new school places. • Allocations to projects to provide new places that will ultimately be funded by signed S106 developer agreements but where it is prudent to commence projects to provide sufficient places in advance of that funding being received. When the S106 funding is received, this will be reported to Cabinet and the Capital Budget will be reimbursed.

Appendix B: Buildings at risk, condition & suitability. • Building at risk - replacement for time-expired/very poor condition building. • Suitability improvements, especially to address safeguarding issues. • An allocation for improvements to Children’s Homes • A joint match funding allocation. Schools can bid for 50% funding for projects addressing condition priorities in schools.

Annex C: School Condition – capital maintenance & contingency • Capital maintenance major items – these are projects over £40,000 for primary schools and £100,000 for secondary schools. • Children’s Services contribution to Insurance Maintenance Programme (IMP)] for schemes between £20,000 and £40,000 for primary schools and between £50,000 and £100,000 for secondary schools and contingency capital maintenance (Projects below that level are a school responsibility, which can be met using Joint Match Funding or IMP).

Schools will be required to provide up to one year’s Devolved Formula Capital (DFC) to schemes approved in the Capital Programme in accordance with the Authority’s approved policy (Schools Devolved Capital Contributions to Local Authority Schemes – Cabinet, 20 March 2007).

The funding therefore available for allocation is as follows:

Year Funding £ 2018-19 Unallocated School Condition £3,556 2018-19 Unallocated Basic Need £936,507 2018-19 Unallocated HPCF £453,190 2019-20 School Condition £7,681,922 2019-20 Healthy Pupil Capital Fund £0 2020-21 Basic Need £0 Total £9,075,175

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Summary of proposed allocations as set out in Appendices A, B & C:

Appendix Type £ Appendix A Basic Need £410,000 Appendix B Buildings at risk £996,818 Appendix C School condition – capital maintenance £2,472,000 HPCF – no allocations this paper £0 Total £3,878,818

This leaves £5,196,357 unallocated which will be the subject of future reports.

3. Financial Considerations

As contained in section 2 of the report

4. Social Value Considerations

This funding is to ensure that there is sufficient capacity at all the schools involved. The schools will have the option to deliver the projects themselves under their own financial regulations. Where the projects are delivered by County Property, this will be done under its usual procedures.

5. Other Considerations

In preparing this report the relevance of the following factors has been considered:- prevention of crime & disorder, equality of opportunity, environmental, health, legal & human rights, human resources, property and transport considerations.

6. Key Decision Yes

7. Call-in

Is it necessary for the call-in period to be waived in respect of the decisions being proposed in the report? No

8. Background Papers 5 Page 69

These are held on file in the Children’s Services Development Section.

9. Officer Recommendation

It is recommended that Cabinet:

1. Notes the allocations approved under delegated powers by the Strategic Director for Children’s Services and the Children’s Services Head of Development.

2. Approves the allocations to projects set out in Appendices A, B & C of the report.

3. Notes the update on the HPCF.

Jane Parfrement Executive Director for Children’s Services

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Appendix A: Basic Need

School Nature of Scheme Cost per Allocation Scheme place £ St John’s CE Basic Need Phase 2 of expansion project Not yet £50,000 Primary - to begin design work on known School internal remodelling. (Belper) Tibshelf Basic Need To begin design work on new Not yet £50,000 Community classroom block in advance known School of S106 funding. Ironville & Basic Need To bring current office space 30/60,000= £60,000 Codnor Park back into classroom. £2,000 Primary School Stanton Basic Need Phase 2 of expansion project N/A top up £250,000 Primary - £1.65m approved by only School Cabinet 26/7/18. Since the original budget costing, the scheme has been fully designed and, to respond to the need, it is continuing on from phase 1. There has been an increase in floor area to provide for additional toilets and space in the kitchen with associated professional fees and inflation. In addition there is a need for storm water attenuation. The total increase to the budget is £250K however it is anticipated that as some works have been transferred from phase 1 to phase 2, there will be a saving on the earlier scheme in the region of £65K which can then be returned to the basic need budget.

Total Appendix A: £410,000

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Appendix B: Buildings at risk, condition & suitability

Chinley Primary Building at Replacement of temporary 2 classroom £317,818 School Risk block. (Condition) Overseal Primary Suitability Small extension to create secure lobby, £79,000 School improvements office & toilets – top up to S106 monies Children’s Suitability Funding for improvement schemes at £100,000 Homes improvements Children’s Homes Joint Match Condition Match funding scheme for minor school £500,000 Funding improvements improvement schemes. Total Appendix B: £996,818

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Appendix C: School condition – capital maintenance

Repton Primary School Strip and replace worn/aged timber-framed plastic- £85,000 clad windows for new D/G powder-coated aluminium window system.

Highfield Upper School Replacement of obsolete system throughout. £120,000

Long Row Primary Fire alarm, emergency lighting, to include £80.000 School distribution.

Hayfield Primary Phase 2 wiring scheme £100,000 School Pilsley Primary School Phase 2 rewire. £85,000

Newhall Junior School Phase 2 heating work. £62,000

Whitfield St James Replace & relocate boilers £70,000 Primary School Ridgeway Primary Phase 1: Renew defective slate pitched roofing £75,000 School over classrooms 003 / 004.

Ridgeway Primary Renew defective single-glazed timber windows, to £75,000 School include structural repairs to lintels.

Hartington Primary Rosemary-tiled roof requires recovering due to £200,000 School slipped and broken tiles. Bamford Primary Single-glazed, timber-framed metal windows need £50,000 School replacing with Crittall-style units. Works to include repairs to stone surrounds

Stensonfields Primary Replace old/aged/leaking patient glazing rooflights £150,000 School along central court yard including replacing teleflex opening systems.

Heathfields Primary Replace rotten/worn S/G timber-framed windows £50,000 School and doors along school hall room 016 for new D/G powder-coated aluminium alternative.

Draycott Primary Phase 1: Renewal of slate-pitched roof, very poor £300,000 School condition. Repairs required to defective brickwork and stonework gables to front elevation.

Ripley Junior School Ripley Junior School boiler room and roof, very £200,000 poor condition, with the concrete roof deck having failed. Room is a retaining wall and requires significant structural work.

Lea Primary School Clay-tiled pitched and flat asphalt roof coverings in £75,000 House poor condition throughout; causing water ingress internally and damage to plaster surfaces.

Crich CE Infant School Slate-tiled pitched roof coverings in poor condition £135,000 to the rear; causing water ingress internally and damage to plaster surfaces. Works to include 9 Page 73

replacement of coverings and all associated works.

Brockwell Junior Kitchen roof recover including replacement of roof £60,000 School light which is leaking into kitchen. Poor Condition

School condition – capital maintenance £1,972,000 School condition – Children’s Services £500,000 contribution to IMP projects with a value between £20k and £40k for primary and £50k and £100k for secondary and contingency capital maintenance. Total Appendix C: £2,472,000

10 Page 74 Agenda Item 6(c)

PUBLIC

Author: Sue Pegg (x36040)/Jennie McCusker (x36557)

Agenda Item No.

DERBYSHIRE COUNTY COUNCIL

CABINET

11 July 2019

Report of the Executive Director for Children’s Services

CHILDREN’S SERVICES CAPITAL PROGRAMME 2018-19 – S106 PROJECT ALLOCATIONS – (YOUNG PEOPLE)

1. Purpose of Report

To inform Cabinet of the receipt and availability of recent Section 106 developer contributions and to seek approval for the allocation of those contributions to projects in line with the individual Section 106 agreements:-

To also seek approval that, where appropriate, procurement exercises be undertaken to commission services and undertake works associated with the schemes.

2. Information and Analysis

New Highfields Farm Primary School, Findern

Developer contributions totalling £4,384,581 have been received (detailed in Appendix A) and will be used towards the provision of the new one form entry primary school at Findern.

£1,126,000 has been allocated from the Capital Programme 2018/19 approved by Cabinet 26 July 2018 (minute number: 190/18).

These combined contributions give a total current project allocation of £5,510,581. The current budget cost of the scheme is £5.56M but work is in hand to reduce it to the budget available.

On 18 April 2019, Cabinet approved procurement of a new school through a DCC framework.

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Ashbourne Hilltop Primary School

A developer contribution of £46,885 has been received and will be used to support an existing project (previously approved 21 February 2017, minute number: 69/17) towards a two-classroom extension.

Agreed that future S106 funds would be allocated to this project to reimburse Capital Programme allocations (previously approved 24 May 2016, minute number: 161/16).

Ashbourne Primary School

A developer contribution of £70,327 has been received and will be used to support an existing project (previously approved 21 February 2017, minute number: 69/17) towards a classroom extension and internal remodelling.

Agreed that future S106 funds would be allocated to this project to reimburse Capital Programme allocations (previously approved 24 May 2016, minute number: 161/16).

Financial Considerations

The contributions are S106 Developer Contributions that have been received by the Authority. Appendix A summarises the funds received, the school that will benefit from the investment, together with the planned project. The contributions are awaiting allocation. The total is £4,501,793.

Where appropriate, it may be necessary to undertake a procurement exercise to commission services in order to undertake works associated with these schemes / budgets, and this report also seeks approval to commence this process. It should be noted that these procurement exercises would normally take the form of a competitive tender process, but should it be decided that using a Framework is the best option, a separate report will be submitted seeking approval for this.

3. Social Value Considerations

This funding is to ensure that there is sufficient capacity at all the schools involved. The schools will have the option to deliver the projects themselves under their own financial regulations. Where the projects are delivered by County Property, this will be done under its usual procedures.

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4. Other Considerations

In preparing this report the relevance of the following factors has been considered:- prevention of crime & disorder, equality of opportunity, environmental, health, legal & human rights, human resources, property and transport considerations.

5. Key Decision Yes

6. Call-in

Is it necessary for the call-in period to be waived in respect of the decisions being proposed in the report? No

7. Background Papers

These are held on file in the Children’s Services Development Section.

8. Officer Recommendation

That Cabinet:-

9.1 notes the receipt/availability of S106 funding and approves the following allocations: • New Highfields Farm Primary School, Findern: £4,384,581 • Ashbourne Hilltop Primary School: £46,885 • Ashbourne Primary School: £70,327

9.2 approves that, where appropriate, procurement exercises be undertaken to commission services and undertake works associated with the schemes.

Jane Parfrement Executive Director for Children’s Services

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Appendix A

School Development Funds Project location

New Highfields Highfields Farm, £4,384,581 This contribution will be Farm Primary Bakeacre Lane, used towards the provision School, Findern Findern of the new one form entry primary school at Findern.

Ashbourne Hilltop Hillside Farm, £46,885 This contribution will be Primary School Wyaston Road, used to repay the Ashbourne Children’s Services Capital Programme (2016/17) which funded the two- classroom extension.

Ashbourne Hillside Farm, £70,327 This contribution will be Primary School Wyaston Road, used to repay the Ashbourne Children’s Services Capital Programme (2016/17) which funded the classroom extension and internal remodelling.

TOTAL £4,501,793

4 Page 78 Agenda Item 6(d)

PUBLIC

Author: Bish Sharif (x35700)

DERBYSHIRE COUNTY COUNCIL

CABINET

11 July 2019

REPORT OF THE EXECUTIVE DIRECTOR FOR CHILDREN’S SERVICES

(Children’s Services) Care Leavers’ Employment Opportunities - Paid Internships – (Young People)

1. Purpose of the Report

• To update Cabinet on the progress made under the paid Internships for Care Leavers’ programme established in 2016. • To seek approval to use the existing underspend of £165k held in reserves to extend the Care Leavers paid Internships to 31 March 2020.

2. Information and Analysis

The Council is responsible for supporting looked after children as they make the transition to adulthood. This responsibility also applies to all Care Leavers until they reach the age of 21 or, if they are being helped with education or training, to the end of the agreed programme (which can take them beyond their 25 th birthday). “Keep On Caring, 2016” also means Care Leavers up to 25 years of age can request support from the Local Authority to help them with their transition to adulthood, including support with accessing employment, education and training opportunities.

Internships is one of a number of schemes available to support care leavers, and it is recognised that progression of care leavers through this scheme can be slow and requires a good deal of support due to the various additional needs and pressures for care leavers, often linked to their history and poor start in life.

The spend on the Internship Project has therefore not been fully used each year, but it is noteworthy that some care leavers have achieved significant success through participation in this scheme. It is therefore requested that access to the underspend is retained to ensure that there is full capacity for the period April 2019 to the end of March 2020 to enable future care leavers to take advantage of the scheme whenever able to do so.

In August 2018, there were 735 care leavers. 349 are in the 16 to 21 age range.

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Data for August 2018 shows a cohort of 15,191 young people in the 16 and 17 age range, of which 420 (2.8%) are NEET. The proportion of Care Leavers not in education, training or employment (NEET) for the same time period is 38.1%, as illustrated below:

EET NEET Not EET or UNKNOWN Total NEET 16-21 185 133 10 (2.9%) 21 (6.0%) 349 Care (53.0%) (38.1%) Leavers

In line with the national picture, 2018-19 proportion of Care Leavers not in education, training or employment (NEET) is much higher than the general academic age population and Care Leavers are widely regarded to be disadvantaged in terms of employment and educational opportunities. This is a key area of focus for the Council, and it is essential that the Authority continues to do whatever it can to increase the number of Care Leavers in employment, education or training (EET). As such, the paid internships proposed in this paper are an example of some of the work that the Council is doing to create opportunities for Care Leavers.

Council will continue in its commitment to strive towards 100% of our Care Leavers working towards, or positively engaged in, employment, education and training.

2.1 Update on Internships

Care Leaver Paid Internship

At its meeting on 23 February 2016 Cabinet approved re-establishment of an entry route into employment with the Council through 10 (FTE) paid temporary Internships each year. The purpose of this was to offer training, work experience and payment at the age-related national minimum wage rates. The Internships were established with the aim of leading to either further employment or an apprenticeship within the Council and enabling guaranteed interviews for appropriate vacancies. See Appendix 1 for details of the Care Leaver Paid Internship Offer.

Outcomes

To date, the Council has had a total of 17 Internships of which 4 are currently on the programme. 7 have left the programme for a variety of reasons which, specifically, are:

• 1 internship ended due to custodial sentence • 2 left due to substance misuse issues • 4 left due to mental health issues.

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Of the remaining 6, they have progressed successfully:

• 3 of the Internees have moved into full-time employment; 2 with DCC, one with an external company • 3 have moved from Internship to Apprenticeships within DCC, one partly funded by the Care Leavers Employment Project (CLEP).

Lessons Learned

Several lessons have been learned from the early Internships:

• A longer period of work experience is key to ensuring that the Internship is in an area which the young person is interested in, and to also ensure that they are committed and able to sustain employment over the year. Young people are now required to go on work experience for a period of 5 weeks before starting their Internship. • It remains a big step for young Care Leavers to go from benefits, with their housing being paid for, to going to work every day and having to budget to pay for housing and bills. An agreement has been reached with Job Centre Plus to ensure that whilst young people are on work experience prior to starting their Internship, they are not sanctioned. • Additional challenges include the often multiple and complex personal issues many Care Leavers face, including poor mental health, drug and alcohol misuse, offending behaviour and teenage pregnancy. The young people are intensively supported by Care Leavers Employment Project (CLEP) who work in partnership with each young person’s Barnardo’s Aftercare Worker, Multi- agency Team Workers, Derbyshire Adult Community Education Service (DACES) Tutor, placement supervisor and a range of other involved professionals; for example, Creative Mentor, Substance Misuse Worker etc., if they have one. Even with this, it takes huge commitment and motivation from the young person in order for them to successfully complete the Internship. • Travel to work can be an issue, both in terms of time and costs. Help with travel costs will be assessed prior to starting Internship. Help with applying for a Wheels to Work moped and payment for up to 10 driving lessons are offered to all interns. • Challenges for workplace supervisors. Whilst training was provided to them, a few have provided feedback about their personal & professional challenges in trying to be a supportive mentor and Corporate Parent to the young people they are supporting, whilst at the same time adhering to organisational policies and procedures with young people who often have multiple and complex support needs. • An improvement of the database for internships is required to be better able to track and develop internships.

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2.2 Future Proposals

Building on the lessons learned the following actions will be undertaken to maximise take-up of the placements available. Further details are available in “Understanding our Children in Care and Care Leavers - Achieving Education, Employment or Training (EET) for all of our Children in Care and Care Leavers”, February 2018.

• To consider linking a Creative Mentor if a young person agrees. • Work has commenced to encourage District Councils to exempt care leavers from paying council tax, to ease their financial circumstances and in recognition of the wider corporate parenting duties established in the Children and Social Work Act 2017. • Work with Housing providers, District Housing Officers and the Commissioning Team to look at exemptions to sanctions and developing supportive and partnership approaches to assist young people who get into arrears. • Increasing the type and breadth of opportunities to develop employability experiences and skills, as well as Work Experience and Internship placements available by updating the Chief Officer Pledges Offer. • Work in partnership with DACES to provide a wider range of employability skills, CPD opportunities for potential Interns. • Use the Team Around the Child meetings which are multi-agency, involving all relevant professionals to aid more holistic planning and better communication to celebrate success and integrated working as and when support issues arise, so that creative and supportive solutions can be provided. • Develop training and support for workplace supervisors. • Review the timetable of Internship Reviews, specifically the careers Information, Advice and Guidance (IAG) to ensure that all the options available internally and externally are reviewed in a timely manner in order to aid progress and transition. • Work is already progressing to improve the reliability of recording interventions and destinations on CORE Client Caseload Information System to aid analysis of aspirations, placements and progressions. • Explore ways in which to increase the promotion of Internships to Early Help and After Care Services. • Work with those care leavers who have mental health, substance misuse or teenage pregnancies to enable more access to interventions and support.

3. Human Resources Considerations

The ten, full-time equivalent, one-year Internships are ring-fenced to Care Leavers. The Internship posts are paid at the hourly pay rates which are in accordance with the national, age-related, minimum wage rates. For the purposes of parity, the current apprenticeship scheme also applies the national minimum wage rates to apprentices working for the Council.

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Those who successfully complete an internship with the Council, may apply for apprenticeship vacancies on a guaranteed interview basis during the last three months of their internship. Further, if suitable alternative employment within Derbyshire County Council does arise, they also have the opportunity to apply for this during the last three months of their internship.

4. Financial Considerations

Following the Cabinet report on 23 February 2016, £250k was allocated from the General Reserves in order to fund the Care Leavers Paid Internships which aimed to support 10 FTE Internships each year through 2016-17 and 2017-18.

Due to a delayed start in 2016, and the lower than expected overall number of Interns, there has been an underspend of the allocated reserves.

During 2016/17, spend was £29k, in 2017/18 spend was £56k and in 2018/19 spend was £79k. As a result, the balance of the Reserve at the 31 st March 2018 was £165k and by 31 st March 2019 was at £86k.

The National minimum wage rates from April 2019 are, for 18 to 20 year-olds, £6.15 per hour, and for 21 to 24 year-olds, £7.70 per hour.

As it is not known at this time how soon current Interns may move on, or the age profiles of any new Care Leavers who may successfully gain an Internship, it is not possible to calculate an exact cost. However, it is anticipated that the remaining Reserve would allow for 6-8 Internships to run for a further 12 months.

5. Legal and Human Rights Considerations

The Children Act 1989 places a duty on the local authority to advice, assist and befriend a child after the Authority has ceased to look after them. Enabling the child to have the necessary skills for independent living is an integral element of this duty. Providing a gateway to employment via temporary posts with the Council ring-fenced to NEET Care Leavers is therefore consistent with this duty .

The Children (Leaving Care) Regulations 2001 came into force on 1 October 2001. They make provision about support for children and young people aged 16 and over who are, or have been looked after by a local authority; that the following matters must be considered in the pathway plan and any review of it:

• A detailed plan for the education or training of the child or young person. • How the responsible Authority will assist the child or young person in relation to employment or other purposeful activity or occupation.

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• The Children and Social Work Act 2017 clearly sets out the duties of a local authority to children in care and care leavers, as part of their corporate parenting duties, to promote high aspirations, and prepare them for independence and transition into adulthood.

6. Other Considerations

In preparing this report the relevance of the following factors has been considered; human rights, prevention of crime and disorder, equality and diversity, health, environmental, property, social value and transport considerations.

7. Key Decision

No.

8. Call-in

Is it required that the call-in period be waived in respect of the decisions being proposed within this report?

No.

9. Background Papers

Cabinet Papers:

• 23 February 2016, ‘Future Delivery of the Internal Apprenticeship Scheme (Council Services)’. • 23 February 2016, ‘Care Leavers Employment Opportunities (Children’s Services)’.

10. Officer’s Recommendation

That Cabinet notes the report and gives approval to continue to utilise the existing reserves in order to extend the Care Leavers paid Internships for a period up to 31 March 2020.

Jane Parfrement Executive Director for Children’s Services

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Appendix 1 Care Leaver Paid Internship Offer

The paid Internship offers a genuine opportunity for a Care Leaver to gain valuable skills, qualifications and work experience, whilst also receiving an income which, to most, is vital. The programme offers a real opportunity for Care Leavers to progress into permanent full-time work or an apprenticeship through the development of their skills and employability; it will be part of the overall Care Leaver Offer. Paid Internship is a response to the fact that Care Leavers are not accessing the opportunities being offered due to a number of barriers, both financial and skills- related and is consistent with the Council’s ongoing duty to advise and assist Care Leavers.

These Internships are for a one-year fixed-term and enable young people to develop their employability skills, gain paid employment to build up their CV and enable them to gain a work-based reference. The opportunity to enter into full-time paid employment with the Council will be an additional incentive for young people to take up these Internships.

Each Internship is tailored to the young person’s needs and aspirations. It is:

• 12 months in length on a paid basis • Inclusive of work placement(s) based on the individual’s aspirations • Inclusive of training consisting of: o English and Maths up to level 1 o Employability skills training o ICT functional skills o Mentoring support o Information, advice and guidance.

Within the last three months of the Internship, young people are invited to meet with National Careers Service and are able to apply for apprenticeships and internal job opportunities within DCC.

Performance Management

In order to ensure this work is effectively monitored, there is a clear governance structure. The Corporate Parenting Committee has taken responsibility for the implementation of the programme, with regular reports to the Employment and Skills Board. Individual senior managers who have responsibility for a group of Care Leavers are responsible for ensuring that appropriate and timely interventions take place, by holding service areas to account.

This ensures accountability at all levels and regular progress reports are provided. All interventions are recorded on Mosaic.

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This page is intentionally left blank Agenda Item 6(e)

PUBLIC Agenda item no.

DERBYSHIRE COUNTY COUNCIL

CABINET

11 July 2019

Report of the Executive Director Adult Social Care and Health

OLDER PEOPLE AND WHOLE LIFE DISABILITY PATHWAY ASSESSMENT AND PROVISION OF SPECIALIST PROFESSIONAL SERVICES - USE OF A NON- DCC FRAMEWORK

ADULT SOCIAL CARE & HEALTH

1) Purpose of the Report

1. To inform Cabinet of the findings of an independent assessment of the Older People and Whole Life Disability Pathways delivered by Adult Social Care and Health and Children’s Services; 2. To seek Cabinet’s agreement to the implementation of a revised approach to assessments to deliver improved outcomes for clients in Adult Social Care and Health and Children’s Services as described in this report; and 3. To seek approval under Protocol 2a of the Council’s Financial Regulations for the use of the North East Procurement Organisation’s (NEPO) Framework Solution NEPRO to procure specialist professional services to support the implementation of the assessment findings.

2) Information and Analysis

Older People and Whole Life Disability Pathway Assessment In November 2018, Cabinet approved the provision of an independent specialist professional service to undertake an assessment of adult social care, including disabled children’s services. The objectives of the assessment were:

• To analyse whether Adult Social Care are making the best decisions in terms of ensuring people’s independence is maximised in line with the Council’s Enterprising Council ambition to do things “with” people not “to” them. • To consider the whole offer to ensure interventions are effective and efficient and deliver the intended outcomes to get the best for Derbyshire residents. • To identify what should be addressed as a priority in terms of ensuring value for money.

1 Page 87 • To identify and propose how the Council can embed a radical efficiency approach where new and better services are embraced to promote better outcomes for Derbyshire residents for less spend. • To propose a sustainable model for future service delivery that supports the whole system including NHS and housing. • To understand the total possible predicted saving across adult social care and disabled children’s service spend.

A contract for the specialist assessment work was awarded to Newton Europe in January 2019; work commenced in February and was completed in May 2019. This work was formed of two Pathway assessments – Older People, and Whole Life Disability. Four core fundamental questions were asked of each Pathway:

• Decision making – is there variation in decision making and consistency in ensuring the best decisions to maximise independence are being made? • Outcomes - Are the services effective? Are people being referred to the right place, and is that delivering the desired outcome? • Use of Resource - Are limited resources being used in the most effective way? • Culture - How well does the culture and leadership support people to effect change and perform at their best?

To answer these questions the assessment team undertook case review workshops, live studies and captured information about staff’s day-to-day activities, discussions with local teams, reviewed historical data, and benchmarked performance with similar Councils.

In summary, the review highlighted the following opportunities which would, however, be subject to the normal statutory assessment process operating fairly in any individual case (see legal considerations for further details):

Older People Whole Life Disability 25-40% fewer people requiring Currently 25% of the outcomes for residential or nursing care young people transitioning to adult care are non-ideal. Different planning could give an additional 37 young adults each year a more positive outcome. 30% more people benefiting from Supporting individuals in residential enablement services while delivering and supported living to live in their a 25% improvement in outcomes ideal setting would mean 498 people living more independently. 4% reduction in demand on home 68% of individuals demonstrated an based support as more people are ability to learn new skills and living independently increase their independence giving 847 people across supported living and homecare services the

2 Page 88 Older People Whole Life Disability opportunity to have a more independent future Practitioners spend more time with the people they care for and less on paperwork

Following the completion of the review work an outline implementation plan has been developed by the Council which allows for the Adult Social Care and Health (ASCH) and Children’s Services (CS) departments to consider the most appropriate methods for realising the opportunities identified in the assessment.

The approach identified, in Appendix 1, provides details of the expected workstreams required to implement the findings of the assessment work along with their estimated financial savings and proposed outcomes upon performance of services which again are subject to the proper operation of statutory processes in individual cases. These workstreams may alter during the design phase of the implementation work – but the associated savings will remain the same. The workstreams have been given an identifier to align with the existing departmental budget monitoring requirements of the Council. For the Older People Pathway it is OPP53, and for Whole Life Disability it is WLD52. It is expected that following the successful procurement the full implementation of the assessment recommendations will take a maximum of four years.

An Equality Impact Analysis has been carried out and is appended to this report (Appendix 2). Members are asked to read the assessment in full. It is considered that implementation of these proposed improvements will ensure more equitable service provision across both the Older People and Whole life Disabilities pathways, resulting in better outcomes and greater levels of independence for service users, whilst promoting existing best practice across the Council. As there is a potential impact on young people transitioning into adult services and their ongoing support needs this has also been considered within the Equality Impact Analysis. However it is important for Members to note that whilst the proposals focus on new service users it is anticipated that some existing service users will change services or settings, particularly within whole life disability as result of this initiative. To mitigate any possible adverse impact of this existing service users whose needs have not changed will not be obliged to accept an alternative offer where this arises directly from the revisions to the assessment process set out in this report. Implementation of the assessment findings will require organisational development to ensure there is greater consistency in: maximising reablement and enablement with service users, assessment and reviews, use of financial and performance information to support decision making.

3 Page 89 Provision of Specialist Professional Services – Use of a Non-DCC Framework

It is recognised that the implementation of the assessment findings will have an impact on the capacity of the ASCH and CS departments. The Council is, therefore, considering the resource required to support this activity.

The Council and specifically the ASCH and CS departments are already in the process of developing and implementing a range of policy and service changes aimed at improving the outcomes for the people that they support now and in the future. This includes, but is not limited, to the following:

• Assistive Technology review (including changes to eligibility for community alarms approved by Cabinet on 6 June 2019); • Development of an Older People’s Accommodation, Care and Support Strategy – vision approved by Cabinet on 11 October 2018; • Early Help Service changes - as approved by Cabinet on 31 January 2019; • Implementation of the review of Organisation Development and Human Resource delivery model to support the Council’s strategic priorities – as approved by Cabinet on 11 October 2018; • Learning Disability and Autism Day Care offer changes – as approved by Cabinet on 6 June 2019; • Review of Voluntary and Community Sector (VCS) grants and infrastructure funding – as approved by Cabinet on 28 February 2019; • Thriving Communities programme; • Transformation of Adult Care’s Direct Care Homecare service – as approved by Cabinet on 26 July 2018; • Transforming Care Programme – continued implementation of the Derby and Derbyshire programme in partnership with the NHS; and • Implementation of the strategic review led by Isos Partnership of the support, services and provision for children and young people with high needs in Derbyshire – (approval for procurement by Cabinet Member for Young People on 5 December 2017. Final report due to be published summer 2019).

These ongoing developments will be considered alongside the workstreams identified in Appendix 1 to ensure that there is no duplication of effort.

In order to ensure effective delivery of the outcomes identified in Appendix 1 an appropriate programme governance structure will need to be put in place with a defined programme board providing oversight. Alongside this there will be requirements for specific roles and responsibilities at different levels as detailed below.

Service based leadership roles and responsibilities These roles are central to the successful delivery of the programme and they make up the core delivery team. Because of this, these roles will require additional time to be successful and it is recommended that, where possible, business as usual

4 Page 90 (BAU) roles are backfilled. For these individuals, the success of the programme should be seen as a critical factor in their job:

• Senior Sponsor (no back fill required) Champion for change and senior support for the programme, working in partnership with key stakeholders across the council. This role is typically filled a senior service leader. It is critical that they are willing to fully engage in the programme and it is seen as a major part of their job. Estimated time requirement of 1 day/week blended within their working role. It is expected that this role will be fulfilled by the Executive Director for Adult Social Care and Health • Programme Director - Runs and manages the programme and all workstreams. Is able to coordinate and lead a diverse set of team members with experience across social care and the wider council. Strong management experience is expected as well as a willingness to engage in detail when required. Clearly understands the vision for the programme and how each workstream and KPI combine to achieve this. Estimated time requirement of 3+ days/week. This role will be undertaken by a Service Director within Adult Social Care and Health • Design Leads - Key practitioners who will lead on the design and implementation of the new ways of working for each of the workstreams. Estimated time requirement of 4-8 FTE.

Service engagement throughout programme Core to the successful implementation and sustainability of any transformation programme is the involvement and support of the practitioners and local management. Whilst the additional time requirement of these roles is minimal (most of the work is BAU), it is critical that the successful implementation of the programme is seen as a priority for them and they fully engage with leading this change in their teams.

• Service Directors, Group Managers, Principal Social Worker - will be key to leading the change in each of their areas and ensuring they are satisfied with the direction of the programme. They may also take an oversight role of a functional workstream within the programme structure. They will support the change management process, along with any transformation team (either internal or external), such as supporting elements of training, attending and supporting teams in the field, etc. • Local Area/Team Managers - each team/area manager will play a key role in embedding and sustaining the change. They will need to be made available for training and preparation work before implementation and be able to commit time during the week to support the programme activities within their team. • Local Area/Team Members each team member will need time set aside for training on the new ways of working. During the implementation period, their time will also need to be re-prioritised to include the new ways of working. This will not be a net addition of hours to any role by the programme end.

5 Page 91 Enabling support Roles & Responsibilities Any large scale transformation programme requires skills and support from across the council making these roles central enablers to successfully land change. For these roles it is important to have a clear alignment of priorities and the success of the programme should be seen as central to this.

• Programme Management Officer - Responsible for Project Boards, communication and reporting of the projects in the internal governance structure. Will also provide oversight and management of high level implementation considerations across programme. • Communications - Leads on the development and execution of a robust communications plan and leads communications internally and externally during the programme. • Human Resources - Owns any workforce transition plan by working closely with the programme. • Organisational Development - Works alongside the transformation team (both internal and external) to support the development, delivery and imbedding of training in areas such as; Management, Performance, Dealing with Difficult People, Conflict, Strength Based Practice and SMART actions, etc. as well as the development and imbedding of any specific training modules designed to support the new ways of working. • Finance - Owns the development of the model which maps operational metrics to the financial benefits as well as the setup and tracking of these metrics to ensure overall programme success is evidenced. Also supports the local workstreams in the development of their KPIs which will be used to monitor improvement in the design process and ensures that each workstream contributes to the overall programme objective (such that if each local KPI achieves target, the programme target is achieved). Drives the process of investigating any variances between actual vs. anticipated cash delivered. • Performance - Supports the development and setup of the operational KPIs and provides the daily, weekly and monthly data and analysis to report on the operational performance within the Adult Social Care and Health and Children’s Services teams. Builds and maintains the dashboards and reporting tools as part of BAU. As with the original assessment additional support will be required from a specialist professional organisation that has experience of managing and implementing large- scale cultural and systems and processes transformation programmes within the field of children’s and adults’ social care. A specialist professional organisation would provide both the knowledge and practical experience in delivering this type of work at the pace required to achieve the optimal savings, as well as providing additional capacity to ensure there is no detrimental effect on business as usual.

A specialist professional organisation would be required to work cooperatively with the Council led design team (detailed above) and provide support during the implementation process. It is envisaged that to ensure effective implementation across the pathways the work is delivered incrementally across specific area-based

6 Page 92 teams, rather than a full one-off countywide implementation. This will allow for a managed implementation process.

As outlined above it has been identified that in order to take forward the findings of the assessment and implement them effectively across ASCH and CS to achieve the proposed opportunities within the identified time-period there is a need for additional external support to deliver this. This section provides more detail as to the reasons why a specialist professional organisation is required to support the implementation of the workstreams.

Procurement approach As outlined previously the Council needs to procure a Specialist Professional Organisation to provide additional resources and expertise to work with the Council to develop and support the delivery of an implementation plan that will achieve the outcomes identified in Appendix 2.

The Council has considered a number of OJEU compliant procurement options which identified the most appropriate route to market. This request is supported by a business case and options appraisal and benefits analysis which has been approved by the Chief Financial Officer and Director of Legal Services. The award of contract using a non-Derbyshire County Council framework will be delegated to the Executive Director Adult Social Care and Health under the Officer’s Scheme of Delegation as per Protocol 2b of the Council’s Financial Regulations. The award will be subject to a call-off from the framework following a competitive process.

The proposal is that the North East Procurement Organisation’s (NEPO) Framework Solution NEPRO is used for the identification of a Specialist Professional Service. The use of this non-Derbyshire County Council Framework will save the Council substantial time and resources.

3) Financial Considerations

The Council’s Revenue Budget 2019-20 report, considered by Council in February 2019, outlined a total of £63.168m in budget savings to be achieved by 2023-24. The savings required by Adult Social Care and Health (ASCH) total £27.035m.

The findings from the Older People and Whole Life Disability pathway assessment work suggests projected potential savings across this time period of £21.134m could be realised of which £15.100m will come from the Older People’s Pathway and £6.040m from the Whole Life Disability Pathway (see also Appendix 1 for detail of workstreams). These savings would be predominantly realised across Adult Social Care and Health, but with the expectation that the legacy arising from this implementation may result in savings for Children’s Services. In assessing the likely savings available from achieving the improved outcomes identified consideration has been given to ensure there is no double counting of savings against those

7 Page 93 possible from other transformational programmes already under way in Adult Social Care and Health.

For the implementation of the assessment findings to be undertaken in a manner which achieves the opportunities for individuals and the Council within the medium term (five years) there is a need to procure a specialist professional organisation to provide additional expertise.

On this basis the successful provider will be required to give a commitment to realising the identified savings through payments contingent on achieving specified outcomes. The final contract value will be determined once the procurement process has been completed. It is expected that the costs to the authority will be in the order of £7m over a maximum four-year period. The proposed solution will be expected to deliver the following savings.

Year 2020/21 2021/22 2022/23 2023/24 Total £m £m £m £m £m In year 2.9 8.6 7.7 1.9 21.1 base budget Cumulative 2.9 11.5 19.2 21.1 54.7 saving

4) Legal Considerations

Under the Care Act 2014, where it appears to a local authority that an adult or carer in its area has needs for care and support, the authority must assess what those needs are and whether they meet the eligibility criteria set out in regulations. (The Care and Support (Eligibility Criteria) Regulations 2015). The local authority has a duty to meet eligible needs and once this duty is triggered, a written care and support plan must be prepared (s24 CA 2014). This plan must specify how the authority proposes to meet the adult or carer’s assessed needs. Under the Care Act 2014 the local authority is obliged to keep these plans under review.

These obligations remain unchanged and they must be fully observed when conducting the work required to implement the assessment findings.

The Council is also obliged to comply with the statutory provisions applying to the assessment of young people as referred to in the Equality Impact Analysis.

Based on the circumstances set out in this report, the Director of Legal Services considers that the proposed use of a non-Derbyshire County Council framework satisfies the requirements of EU procurement law and that the use of the Framework is in accordance with the Council’s Financial Regulations.

8 Page 94 5) Other Considerations

In preparing this report the relevance of the following factors has been considered: equality of opportunity, social value, health, environmental, HR, transport, property and crime and disorder considerations

6) Key Decision

Yes

7) Background Papers

Copies of the following are held on record by the Adult Social Care and Health department:

Newton Europe: Assessment of the Older Adults & Whole Life Disability Pathways Across Derbyshire – Initial Findings (April 2019)

Adult Social Care and Health Business Case: Provision of Independent Specialist Professional Services to Implement Older Adult and Whole Life Disability Pathway Assessment Findings

8) Call-in – Is it necessary to waive the call in period in respect of any decisions proposed in the report?

No

9) Officer’s Recommendation

That Cabinet:

1. Receives and notes the findings of an independent assessment of the Older People and Whole Life Disability Pathways delivered by Adult Social Care and Health and Children’s Services; 2. Agrees the implementation of the revised approach to assessments as set out in the report; and 3. Approves, under Protocol 2a of the Council’s Financial Regulations the use of the North East Procurement Organisation’s (NEPO) Framework Solution NEPRO to procure specialist professional services to support the implementation of the assessment findings.

Simon Stevens Acting Executive Director Adult Social Care and Health

9 Page 95 APPENDIX 1

IMPLEMENTATION PLAN PROPOSED WORKSTREAMS

Older People’s Pathway (OPP53) Opportunities

Estimated New Work / Revised Total Extension of Proposed Workstream Approach Financial Existing Work and Outcomes Opportunity Interdependencies OPP53A: Ensure £3.680m New Increase in Improved consistency in numbers of Effectivenes organisation Interdependency people s of Short- and with existing remaining Term configuration transformation of at home 91 Services of Direct Care the Direct Care days after short term Short-Term Service a services. reablement Interdependency service has Ensure with development of ended consistency self-led / and equity of autonomous Increase in access to working in P&P levels of support independe services for Interdependency nce short term with Assistive achieved services e.g. Technology Review by people access to receiving therapy, reablement community services equipment. (e.g. reduction Ensure in ongoing consistency in care & clear planning, support). goal setting and reporting performance in provision of short term services to promote client independence.

10 Page 96 Estimated New Work / Revised Total Extension of Proposed Workstream Approach Financial Existing Work and Outcomes Opportunity Interdependencies Smarter reporting mechanisms to be developed to report on outcomes and measure performance

Policies and procedures for access to the service to be focused on potential for enablement not on universal access for defined period. OPP53B: Ensure £0.620m New Reduced Increased consistent average Capacity of application of Interdependency lengths of Short-term case reviews with existing stay in Services to ensure transformation of reablement informed the Direct Care services decision Short-Term Service. (bed-based making. and home- Interdependency based) Improve with development of communicatio self-led / Increased n between autonomous activity P&P teams working in P&P. across and STS reablement Teams to Interdependency services ensure with Assistive (higher pathway Technology throughput ‘milestones’ Review, review of in bed- have been VCS infrastructure based identified and and grant funding, settings)

11 Page 97 Estimated New Work / Revised Total Extension of Proposed Workstream Approach Financial Existing Work and Outcomes Opportunity Interdependencies completed as and development of matter of Older People’s routine Accommodation, Care and Support Strategy. OPP53C Improvements £0.260m New This is an Increased to systems enabling productivity and processes Interdependency workstrea of Social used to with existing m – the Work Teams support transformation of impacts of decision the Direct Care which will making. Short-Term Service. be demonstrat Improvements Interdependency ed by the to the quality with development of above and self-led / workstrea consistency of autonomous ms. assessments working in P&P. and reviews. Interdependency Implementatio with Assistive n of consistent Technology strength Review, review of based VCS infrastructure outcome and grant funding, focused and development of assessment Older People’s across all P&P Accommodation, teams Care and Support Strategy. OPP53D: Introduction of £10.540m New Reduction Improved multi- in number Decision disciplinary Interdependency of people Making – approach to with existing having Home Care decision- transformation of their long- & making to the Direct Care term care Residential reduce Short-Term Service. needs met Care variation in in a assessments Interdependency residential and client with development of setting. outcomes. self-led /

12 Page 98 Estimated New Work / Revised Total Extension of Proposed Workstream Approach Financial Existing Work and Outcomes Opportunity Interdependencies Prevent autonomous Stability in inappropriate working in P&P. provision of admissions to home care residential Interdependency packages care. with Assistive Technology Improve Review, review of consistency in VCS infrastructure allocation of and grant funding, home care and development of packages Older People’s Accommodation, Care and Support Strategy.

Whole Life Disabilities Pathway (WLDP 52) Opportunities

Estimated New Work / Revised Total Extension of Proposed Workstream Approach Financial Existing Work and Outcomes Opportunity Interdependencies WLDP52A Introduction of £2.730m New Increase in Improved multi- the number Decision disciplinary Interdependency of Making – (peer support) with existing High accessing Increased approach to Cost Placement community Independence decision- reviews. connectors making to reduce Reduction variation in Interdependency in number outcomes with development of short- of self-led / term Improve the autonomous placements promotion of working in P&P. that independence exceed rather than Interdependency expected maintenance in with High Needs timescales care and Strategy review. support planning (across

13 Page 99 Estimated New Work / Revised Total Extension of Proposed Workstream Approach Financial Existing Work and Outcomes Opportunity Interdependencies preparing for adulthood and all-age adult cohorts) subject to the maintenance of existing provision in the circumstances described below WLDP52B: Introduction of £2.630m New Reduction Improved multi- in the Decision disciplinary Interdependency number of Making – (peer support) with existing High people with Residential approach to Cost Placement a learning Care decision- reviews. disability or making to autism reduce Interdependency having variation in with development their long- outcomes. of self-led / term care Implementation autonomous needs met of consistent working in P&P. in a strength based residential outcome Transforming Care setting. focused Programme and assessment CCG reviews of across all P&P CHC clients teams

Consistent approach will impact on provision for new clients and challenge the previously agreed provision for established clients.

14 Page 100 Estimated New Work / Revised Total Extension of Proposed Workstream Approach Financial Existing Work and Outcomes Opportunity Interdependencies WLDP52C: Introduction of £0.680m New Increase in Improved multi- number of Decision disciplinary supported Making – (peer support) living or Supported approach to share lives Living decision- placements making to made reduce variation in Reduction outcomes in number of voids across supported living schemes.

15 Page 101

APPENDIX 2 Derbyshire County Council Equality Impact Analysis Record Form 2018

Department Adult Social Care and Health and Children’s Services

Service Area Older Adults and Disabled Children’s Services

Title of policy/ practice/ service of Older Adults and Whole Life Disability function Equitable Pathways

Chair of Analysis Team Graham Spencer

Stage 1. Prioritising what is being analysed a. Why has the policy, practice, service or function been chosen? (rationale) b. What if any proposals have been made to alter the policy, service or function?

The public sector equality duty requires public bodies to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations between different people when carrying out their activities. The purpose of this analysis is to ensure that an assessment is being made of the potential impacts for local people of the implementation of proposals concerning the delivery of services across the Older Adults and Whole Life Disability pathways (“the pathways”) that ensures equitable provision across the county in line with the principles of the Care Act 2014, Children and Families Act 2014, and Special Education Needs and Disability (SEND) Code of Practice 2015.

National Context The Care Act 2014, promotes the adoption of strength based approaches to assessment and care and support planning which first seeks to mobilise an individual’s strengths, resources, networks and communities as a means of supporting personal outcomes. Where local authority resources are utilised to meet eligible outcomes these should focus on supporting people to engage with their local communities and live independently wherever possible.

The Care Act places duties on local authorities to assess people’s needs for social care support, and if they are eligible, to develop a support plan with individuals that promotes the use of personal budgets, direct payments and maintaining options and choices for

16 Page 102 individuals through effective commissioning and the provision of information and advice on possible services.

When arranging services, local authorities must consider how they might affect an individual’s wellbeing. This makes it clear that local authorities should think about whether their approaches to arranging services support and promote the wellbeing of people receiving those services.

Local Authorities are also required by the Care Act to make information and advice available for all people, and put in place universal services which are aimed at preventing, reducing or delaying care and support needs in the context of community wellbeing and social inclusion. Preventative approaches foster a holistic approach that includes accessing universal services, early intervention, promoting choice and control, and the development of social capital.

The Children and Families Act 2014 is a wide-ranging act designed to reform services for vulnerable children, by giving them greater protection, paying special attention to those with additional needs, and also helping parents and the family as a whole. There are nine parts to the Act, each of which made substantial changes and new provisions to various areas of child welfare and family law.

Part Three of the Children and Families Act 2014 concerns Children with Special Education Needs and Disabilities (SEND). The Act replaced a system that was judged as not performing well enough for these particularly vulnerable groups of people, and introduced a number of new provisions including the following: • A new Education, Health and Care Plan (EHCP) based on a single assessment process replacing special education statements. EHCPs are documents that support children, young people and their families from birth to 25. • The commissioning and planning of services for children, young people and families to be run jointly by health services and local authorities. • Extended the rights to a personal budget for the support to children, young people and families • Local services available to children and families must be made available in a clear, easy to read manner. • Local authorities must involve families and children in discussions and decisions relating to their care and education; and provide impartial advice, support and mediation services.

The SEND Code of Practice 2015 provides statutory guidance for organisations working with and supporting children and young people who have special educational needs and disabilities based upon the Children and Families Act 2014 and other associated regulations. As a local authority, Derbyshire County Council must have regard to the Code of Practice. This means that whenever decisions are taken they must give consideration to what the Code says and cannot ignore it. The Council must fulfil its statutory duties towards children and young people with SEND in the light of the guidance and must be able to demonstrate in its arrangements for children and young people with SEND that it has fulfilled its statutory duty to have regard to the Code. Any departure from the Code of Practice must be explained.

17 Page 103 For the purposes of this EIA the Care Act and Children and Families Acts 2014 will henceforth be referred to as “the Acts”, unless otherwise stated.

Local Strategic Context Derbyshire County Council’s Council Plan 2019-2021 expresses the authority’s desire to provide the Derbyshire public with maximum value for money on their council tax by delivering the most efficient and effective public services possible. The Council Plan identifies five priority areas for improvement and their specific deliverables over the short (two year) and medium (five year) term which includes the following:

Empowered and self-sufficient communities In two years we will have: In five years we will have: Rolled out the Thriving Communities Mainstreamed the thriving community programme across 13 localities approach to enable people to lead bigger and better lives Reviewed grants and developed a new A thriving voluntary sector that is less offer to voluntary and community groups dependent on Council funding to enable the sector to grow and thrive Co-designed our offer to people with Enabled more people with a learning learning disabilities, focusing on their disability in Derbyshire to work towards strengths to help them achieve their achieving their goals and aspirations with personal goals less reliance on statutory services Become an excellent enabling Council, with communities taking responsibility for their areas, assets and environments

A focus on prevention & early intervention In two years we will have: In five years we will have: Developed, agreed and begun to Continued the implementation of the implement the Older People’s Housing, Older Peoples Housing, Accommodation Accommodation and Support Strategy and Support Strategy Reviewed our care and support offer for Implemented an ongoing programme to adults and children with special maintain quality and reduce variation in educational needs and disabilities to the Adult Care core offer improve efficiency, value for money and customer outcomes Commissioned a new approach to provide Embedded assistive technology across innovative technological solutions to the adult care offer and continued to support people with social care needs exploit the opportunities that new technology provides Better supported people to live at home longer

High performing council services In two years we will have: In five years we will have: Ensured all Council run adult care homes Ensured all Council run adult care homes have Quality of Care graded as good or are good or better outstanding

18 Page 104 Maintained our high performance in reducing delayed transfers of care from hospital Continued to drive improvements in the Maintained a strong children’s social care delivery of children’s social care delivery

The Council has also committed to becoming an Enterprising Council, taking forward an ambitious programme of whole Council transformation and cultural change. The One Council approach will ensure the necessary plans are in place to modernise, innovate, transform and collaborate to meet its ambitions, making identified savings whilst continuing to deliver priorities (including those outlined above) and achieve better outcomes for local people.

The Council and specifically the Adult Social Care and Health (ASCH) and Childrens’ Services (CS) departments are in the process of developing and implementing a range of policy and service changes aimed at improving the outcomes for the people that they support now and in the future. This includes, but is not limited, to the following: • Assistive Technology review (including changes to eligibility for community alarms approved by Cabinet on 6 June 2019); • Development of an Older People’s Accommodation, Care and Support Strategy – vision approved by Cabinet on 11 October 2018; • Early Help Service changes - as approved by Cabinet on 31 January 2019; • Implementation of the review of Organisation Development and Human Resource delivery model to support the Council’s strategic priorities – as approved by Cabinet on 11 October 2018; • Learning Disability and Autism Day Care offer changes – as approved by Cabinet on 6 June 2019; • Review of Voluntary and Community Sector (VCS) grants and infrastructure funding – as approved by Cabinet on 28 February 2019; • Thriving Communities programme; • Transformation of Adult care’s Direct Care Homecare service – as approved by Cabinet on 26 July 2018; • Transforming Care Programme – continued implementation of the Derby and Derbyshire programme in partnership with the NHS; and • Implementation of the strategic review led by Isos Partnership of the support, services and provision for children and young people with high needs in Derbyshire – (approval for procurement by Cabinet Member for Young People on 5 December 2017. Final report due to be published Summer 2019).

These various areas of work will not have a negative impact on the proposals for which this EIA is subject to. Instead all of these proposals will support the development of a broader range of choices to maximise independence and support as detailed in their respective reports/strategies and consultations..

Financial context The Council’s Revenue Budget 2019-20 report, considered by Council in February 2019, outlined a total of £63.168m in budget savings to be achieved by 2023-24. The savings required by Adult Social Care and Health (ASCH) and Children’s Services (CS) over this period are as follows:

19 Page 105 Med ium Term Financial Savings (specified departments) 2019/20 2020/21 2021/22 2022/23 2023/24 Total Ongoing Saving ASCH £5.732m £14.305m £6.579m £0.264m £0.155m £27.035m CS £2.091m £0.984m £0.500m £0.400m TBC £3.975m £7.823m £15.289m £7.079m £0.664m £0.155m £31.010m

These savings are to be met against a background of continuous and significant demand for Adult Social Care and Health and Children’s Services, a Council Plan priority to not increase Council Tax over the next two years, and ongoing uncertainty over the long-term funding of social care services in England following the continued delay in the publication of the Social Care Green Paper.

External Assessment Against this backdrop, an independent specialist analysis of the Older Adults and Whole Life Disability pathways delivered by ASCH and CS was undertaken by Newton Europe (NE) consultancy between February and May 2019. The review focussed on decision making, outcomes, use of resources and culture, these were defined by NE as: • Decision Making – is variation in decision making being addressed to ensure the best decisions are being made to maximise independence? • Outcomes – Are services effective and does referring people to services result in the best outcomes for people? • Use of resources – are we set up in a way that makes best use of our resources and what is the impact on spend and staff if improvements are delivered? • Culture – does the culture and leadership support people to adapt and perform at their best?

NE gathered information in a variety of ways to inform their review of the council’s current work streams for older adults and whole life disability: • Pathway workshops – workshops, interviews and surveys to ascertain the current culture and readiness for change. • Live studies – Analysing data to understand baseline trends, patterns and variance. • Discussions with local teams – understanding the expertise that already exists within the organisation. • Historical data and benchmarking – assessors participated in the review of live cases and explored the potential for improved outcomes. • Considered change readiness – time spent shadowing with assessors to understand operational constraints.

In summary, in assessing services through the above questions NE identified the following opportunities across the two pathways:

Older Adults Whole Life Disability 25-40% fewer people requiring Currently 25% of the outcomes for residential or nursing care young people transitioning to adult care are non-ideal. Different planning could give an additional 37 young adults each year a more positive outcome.

20 Page 106 30% more people benefiting from Supporting individuals in residential and enablement services while delivering a supported living to live in their ideal 25% improvement in outcomes setting would mean 498 people living more independently. 4% reduction in demand on home 68% of individuals demonstrated an based support as more people are living ability to learn new skills and increase independently their independence giving 847 people across supported living and homecare services the opportunity to have a more independent future Practitioners spend more time with the people they care for and less on paperwork

Successful implementation of the review findings could result in more efficient services, reducing the overall costs to the Council whilst simultaneously improving outcomes for people.

In the undertaking of this assessment a number of areas of opportunity to improve outcomes for individuals that will promote greater independence were also highlighted. These opportunities would not only help better support individuals, but also enable ASCH and CS to become more financially efficient in the longer-term, which in turn will help support the Council’s overall financial position.

The proposed areas for implementation are:

Older Adults Pathway There are a number of areas where work can take place to improve the effectiveness, capacity, and productivity of services alongside the way in which decisions are made across this pathway to achieve the proposed outcomes. This will include: • Clear Goals and Planning – service user’s ideal outcome won’t be achieved if care planning is not made clearer and expresses the person’s goals in a manner that Care Workers can easily follow. • Good communication between teams – scope for improvements in the way information is communicated between different Adult Care teams and also those in the Health sector. • Reduce variability in access to therapy – therapy services need to be incorporated into all reablement style services in a consistent manner to ensure people can be fully re-abled as possible in a timely manner. • Co-ordination with health – a consistent approach to ensuring health needs are met during and after social acre needs have been met/reduced needs to be developed. • Increasing capacity will enable to support additional people through services like reablement and ultimately lead to more people being able to remain at home for longer with/without support (depending on levels of need). • Taking a multi-disciplinary approach to decision making can result in outcomes that lead to greater independence. • Opportunities were identified to reduce the amount of time spent by practitioners completing paperwork. • Spending more time with service users would support improved decision making; and 21 Page 107 • Improving the type/quality of information provided to practitioners in support of decision making.

Whole Life Disability Pathway Decision Making has been identified as the main area that could be improved to support more people across this pathway to achieve better outcomes and become/remain independent (with varying degrees in levels of appropriate support). This will require: • better planning to support those preparing for adulthood so that both current and future care/support needs and goals are identified; • supporting individuals in residential and supported living to live in their ideal setting; and • enabling people in supported living and homecare services to achieve their ideal needs levels.

Expectations of implementing the assessment findings By implementing the findings from the assessment, in line with both a consistent approach to care and support planning and relevant legislation, it is expected that the following benefits will be realised for the people of Derbyshire, its staff and the Council as a whole:

• Improved outcomes for one in three people we support – the opportunity to improve the lives of over 2,400 people by supporting them to live more independently by ensuring that reviews consistently focus on delivering a person’s outcomes and promote independence. • Almost 1,000 more people able to live in their own home – opportunities for people to be supported in independent settings. • Reduce paperwork time – twice as much time is spent by frontline social work staff doing paperwork than contact time with people and opportunities have been identified to improve this this. • Better support for our practitioners and managers – opportunities to better support staff by improving the information required to support decision-making by staff.

The findings from the Older Adults and Whole Life Disability pathway assessment suggest that possible savings across this time period of £21.134m could be achieved. These savings take into account the likelihood that not all of the opportunities identified in the assessment can be fully realised. The expectation is that savings will most likely be realised in providing practitioners with the right support to improve decision making that promotes independence for all clients (existing and new) and making directly provided services more productive. Improving current decision making, to reduce the wide variation that currently exists, will require some cultural change amongst staff, but also improving the systems and processes that support them so that they are freed up to have more time to think, focus on outcomes and provider peer challenge to one-another.

Projected Pathway Implementation Savings Pathway 2020/21 2021/22 2022/23 2023/24 Total Ongoing Saving Whole Life £1.029m £1.850m £1.990m £1.170m £6.039m Disability

22 Page 108 Older £1.905m £6.770m £5.730m £0.690m £15.095m People £2.934m £8.620m £7.720m £1.860m £21.134m

Whilst the proposals focus on new service users it is anticipated that some existing service users will change services or settings, particularly within whole life disability. However, existing services users whose needs have not changed will not be obliged to accept an alternative offer.

It is anticipated that implementing the findings of the assessment work should result in improvements for both the people of Derbyshire and the Council. Whilst there may be changes to the provision made in some cases it is not anticipated that there will be any negative impacts arising from this implementation work. This is because the implementation work will focus on supporting practitioners to ensure that we focus on identifying people’s needs and outcomes: • There is no change being made to the current offer provided by the Council across either pathway, and as stated above, existing service users will not be obliged to accept an alternative offer; • Realisation of any benefits will only occur if practitioners are better supported to deliver social work assessments and reviews the consistently promote independence whilst respecting the individual’s choices; • Directly provided services such as reablement and short-term homecare must better promote independence – with reablement services realising their full productivity potential.

A more detailed analysis of the impacts upon the protected characteristic groups is provided in section five of this document. c. What is the purpose of the policy, practice, service or function?

Older Adults Pathway The Older Adults Pathway covers a number of services delivered by the Council’s ASCH department to people aged 65 and over. This includes, but is not limited to: assessment and support planning, domiciliary and residential care, and short-term services.

There are an estimated 168,700 (ONS 2017 Mid-Year Estimate) people aged 65+ in Derbyshire of which it is estimated that 23,500 are eligible for care and support from the Council as set out in the Care Act 2014. The number of people currently accessing support include:

• 4,227 short-term service packages delivered in 2018 • 1,372 people in long term residential care • 4,343 people currently in receipt of domiciliary home care service

Whole Life Disability Pathway The Whole Life Disability Pathway includes a number of services delivered by both the ASCH and CS departments to people throughout their lives. These include services for disabled children, preparing for adulthood (transition), residential and day services for people with learning disabilities and Autism, supported living and shared lives. The number of people currently supported across this pathway include:

23 Page 109 • 104 Children in residential care • 632 children with a disability • 825 Children in care • 3,095 Children with an Education, Health and Care Plan (EHCP) • 5,648 Children with an assessment • 98 people with a learning disability and Autism in Shared Lives • 187 young people aged between 16-18 years requiring assessment by Adult Care. • 556 people with a learning disability and Autism in supported living • 2,189 people with a learning disability d. Are there any implications for employees working in the service?

Ensuring equitable application of the both the Care Act and Children and Families Act 2014 (Part Three) across both the Whole Life Disability Pathway and Older Adults Pathway may impact staff in the following ways:

• Empowering and supporting staff to best make decisions that reflect principles of the Acts e.g. around strength and asset based working through the provision of training and professional development opportunities • Involving staff in reviewing team performance (financial / performance etc) by the provision of appropriate information • Reducing assessment variations throughout Derbyshire by increasing consistency of decisions and service provision (subject to individual variations) • Increasing contact time with people by improving the way in which time is spent completing paperwork or system related functions. • Increasing multi-disciplinary working to promote joint working and decision making.

Stage 2. The team carrying out the analysis

Name Area of expertise/ role Graham Spencer Group Manager, Integration, Adult Social Care and Health Steve Ball Service Manager, Commissioning Team, Adult Social Care and Health Isobel Fleming Service Director, Children’s Services Tanya Henson Acting Service Director, Prevention, Personalisation and Direct Care, Adult Social Care and Health Shaun Astbury-Grocutt Group Manager, Prevention and Personalisation, Adult Social Care and Health John Cowings Senior Policy Officer, Equalities Diana McKenna Head of Service, Disabled Children’s Services Mark Emly Assistant Director, Learning Access and Inclusion Sara Lewis Assistant Head Of Quality Assurance, Children’s Services Simon Hobbs Deputy Director of Legal Services

Stage 3. The scope of the analysis – what it covers

This analysis will: • examine whether implementing the findings from the review of the older adults and whole life disability pathways is likely to affect particular groups of people, including

24 Page 110 those currently accessing services and staff; and whether these groups of people are likely to have protected characteristics and experience other inequality, in line with the requirements of the Equality Act 2010; • seek to highlight any concerns over the possible impacts for groups of people and communities in Derbyshire, where these are likely to be negative, adverse or could be deemed to be unfair or discriminatory; and • where adverse impacts are identified, the EIA team will suggest suitable mitigations to negate or minimise the impact(s) found.

Stage 4. Data and consultation feedback a. Sources of data and consultation used

Source Reason for using Derbyshire County Council: Council Plan Strategic document setting the priorities for 2019-21 the Council Adult Social Care and Health, and Provide context information in relation to Children’s Services Management levels and quality of services Information data Derbyshire Observatory Demographic data Newton Europe: Assessment of the Older Provides details of the opportunities for Adults and Whole Life Disability Pathways ensuring equitable provision of services Across Derbyshire

Stage 5. Analysing the impact or effects a. What does the data tell you?

Protected Findings Group Age The population of Derbyshire, according to the ONS Mid-year estimates (2017) is currently 791,966. Details of the various age ranges are outlined in the table below.

Population of Derbyshire Age Population 1 Known to % DCC 2 0-15 135,869 6,722 4.9 16-17 17,230 809 4.7 18-64 470,205 4,561 0.9 65-74 96,119 2,729 2.8 75-84 51,871 4,459 8.6 85+ 20,672 4,502 21.8 N/K 0 25 0 Total 791,966 23,807 3

Sources: 1-ONS Mid-2017 Population Estimates 2-DCC management information teams

25 Page 111 The council currently supports 11,715 people over the age of 65 – 72% of Adult Social Care and Health’s total work. There are an estimated 168,700 people aged 65+ in Derbyshire, which equates to 21% of the population. By 2039 it is estimated that this number will have increased to 249,000 - an increase of 58%, and the number of people ages 90+ will have increased threefold. In total, the number of people aged 65+ will increase to three in every ten (30%) and clearly indicates the potential future demand for services and need to ensure the equitable delivery of the pathways.

Around 20% of the current Derbyshire population are aged 0-17. Although the population for this age group is projected to remain fairly static between now and 2041, the proportion of 0-17 year olds as a proportion of the overall Derbyshire population is projected to fall slightly to 18%. The council currently supports 7531 children and young people under the age of 18.

Derbyshire has already experienced an increase in numbers of children requiring an EHCP, between 2014 and 2017. This increase was reversed between 2017 and 2018, where EHCPs decreased – the evidence gathered by the Council suggests the most probable explanation of this was the introduction of the Graduated Response for Individual Pupils (GRIP - a process for mainstream schools to be able to access additional high needs funding without having to go through the statutory EHC assessment process). As stated above, the population is not due to increase over the next 5 years (so will not lead to increases in numbers of EHCPs). Therefore, given these observations and assumptions, it is projected that young people with EHCPs as a percentage of pre-25 population will stay at 1.5% until 2020 and decrease to 1.4% thereafter.

By applying these percentages to Derbyshire’s 0-25 population projections this results in the following numbers. This suggests that ECHPs in Derbyshire may remain in the region of between 2,900 and 3,300.

2018/19 2019/20 2020/21 20 21/22 2022/23 2023/24 Predicted 3,293 3,219 3,147 3,079 3,012 2,947 EHCP Early 20 30 33 31 30 716 Years Primary 1,051 961 881 819 762 1,361 Secondary 1,557 1,566 1,532 1,469 1,407 702 Post-16 539 669 708 755 753 455 Post-19 370 367 422 456 448 3,264 Total 3,537 3,593 3,576 3,530 3,400 716 Source: Children’s Services - Learning, Access and Inclusion

In addition to age, life expectancy is a factor that can indicate how services will be used in the future. Public Health England report that life

26 Page 112 expectancy in Derbyshire is 79.3 years for males and 82.8 years for females. The number of disabled children requiring support is increasing as a result of improved medical interventions for babies with complex health needs and discharge to care at home.

Healthy life expectancy is also being used as a potential indicator of demand for services, and shows a much lower age of 63 for males and 62 for females, whilst estimated dementia diagnosis rates average 71% of people above 65 years old.

Life expectancy by area Area Male Female Amber Valley 79.6 82.6 Bolsover 77.9 81.5 Chesterfield 77.9 82.1 Derbyshire Dales 80.8 84.2 Erewash 79.5 83.4 High Peak 79.9 83.3 NE Derbyshire 79.7 82.9 Sth Derbyshire 79.3 82.5 Source: PHE Fingertips, accessed 20/05/19

There are 924 assessors in Adult Social Care and Health Prevention and Personalisation teams and Children’s Services teams, all involved in working with people to support them to meet their goals and outcomes.

Staff conducting assessments are of a variety of ages, with the majority (57%) being in the 40-59 age range. The table below provides more detail.

Division 16 - 20 - 30 - 40 - 50 - 60 - 70+ Totals 19 29 39 49 59 69 Adults 1 56 119 153 162 53 1 545 Children’s 2 45 81 122 90 37 2 379 Totals 3 101 200 275 252 90 3 924 Percentages 0.3 11 21.6 29.8 27.3 9.7 0.3 100

Source: Adult Social Care and Health, and Children’s MIT

Whilst this means Derbyshire residents benefit from skilled and experienced staff teams, there may be initial challenges for area teams and staff of all grades involved in the equitable application of the Care Act in order to improve outcomes for people in receipt of services, or those who may need service in future.

It can be concluded that the equitable application of Care Act assessments and associated systems will have more of an impact on people aged 40-59, but assessors from other age groups will also be similarly affected.

27 Page 113 However, with the right support - such as training for continual professional development - it is believed the impact will also be positive for assessors as they continue to work in partnership with people to identify needs and co-produce care and support plans.

Conclusions There is a higher incidence of older people receiving care and support when compared with the general population or other cohorts being considered in this EIA. Therefore a greater number of older people will be involved in the implementation of the proposal to ensure equitable delivery of the pathways.

It should also be noted that the implementation proposals are not concerned with changing the Council’s current offer provided by ASCH and CS, instead it is about improving the way the assessment process is applied in some instances. As the report makes clear however existing services users whose needs have not changed will not be obliged to accept an alternative offer. Furthermore, these proposals sit alongside a range of wider policies and plans that will promote more independence and improve individual outcomes for people.

The challenges to areas/teams and the council will not be fully understood until work commences to explore the full demands of the work to embed both pathways.

Disability Across ASCH and CS all disability-related issues must be taken account of, for people with physical disability, sensory impairment, learning disability, and associated mental health conditions, when services are planned and commissioned. Attention should also be paid to physical access, and the format of information and advice.

There is a higher incidence of people with disabilities and/or health conditions who receive care and support than is present in the general population. Almost half of the adults supported (46.2%) have one or more health condition, although the figure is likely to be much higher as a result of under-reporting or not being recorded on Mosaic.

The table below details the Primary Support Reasons (PSR) for people accessing ASCH support. Over half of the adults (53%) require physical support, a total of 8,718.

Adult Social Care & Health primary support reasons

Primary Support Number % Reason Physical Support 8,718 53.6 Learning Disability 2,189 13.4 Mental Health 901 5.5 Memory & Cognition 825 5.1 Sensory Support 452 2.8

28 Page 114 Social Support 354 2.2 Non-PSR 2,321 14.3 PSR - Other 516 3.2 Totals 16,276 100 Source: Adult Social Care and Health MIT Note: “PSR - Other” includes Children’s cases in transition

The primary support reasons for Children’s Services cover a wider range of support areas but do include disability, highlighted in the table below.

Children’s Services primary support reasons Primary Need Code Number % Not stated 13 0.2 Abuse or neglect 2663 45.4 Child’s disability 472 8 Parental disability or illness 431 7.3 Family in acute distress 1299 22 Family dysfunction 687 11.7 Socially unacceptable behaviour 122 2.1 Low income 16 0.3 Absent parenting 103 2 Cases other than children in need 61 1 Totals 5867 100 Source: Children’s Service’s MIT

It must be noted that whilst PSRs are useful in understanding the number of people accessing services for the various types of support, they do not give us an accurate picture of people’s support needs because they only record the primary need, which may change over time. For example, there are 632 children recorded with a disability, but only 472 are listed with a PSR of “Child’s disability”, because their primary need will fall under another category.

Despite this, the PSRs do give us an indication of the current utilisation of services and we can see that over 9,000 people are recorded as having a disability, over one third of the people currently in receipt of support from the council, who could be affected by any changes to their existing services or support. There has also been a notable increase in the number of people diagnosed with Autism – an estimated 20-25 each week.

Both ASCH and CS gather data on the number of conditions people have, in addition to the primary reason for support. The accuracy of this information is adversely affected by people not always disclosing conditions but it does help us to understand the health challenges facing many people, in addition to the primary reason for support.

29 Page 115 Number of people with additional he alth conditions Adults Childrens Totals % 1 2,068 651 2,719 28.85 2 2,008 582 2,590 27.5 3 1,613 408 2,021 21.5 4 1,044 147 1,191 12.6 5 506 78 584 6.2 6 177 21 198 2.1 7 77 9 86 0.9 8 20 0 20 0.2 9 9 0 9 0.1 10 3 0 3 0.03 11 2 0 2 0.02 Totals 7,527 1,896 9,423 100

Source: Adult Social Care and Health, and Children’s MIT

The data shows that over 90% of the people accessing ASCH and CS have one to four health conditions, however, these may not constitute a disability.

The number of employees who have declared a disability make up around 3% of the Council’s total workforce. This has remained relatively unchanged over the last ten years. Levels of disability vary across departments but are higher in ASCH and CS, with 5% (N=45) of staff working in assessment teams with a declared disability.

It is not expected that changes will be made to any of the existing arrangements that may be in place for disabled employees, however the council will continue to support all disabled employees and have due regard to the their individual needs throughout the implementation of the review findings if any adverse impacts are identified.

Conclusion People of all ages with a disability will be affected by the proposal but if disability is correctly considered in assessments and support planning, in accordance with the relevant legislation, it is expected that the benefits of ensuring equitable delivery of the pathways for people will be positive: consisting of improved outcomes, longer term independence and reduced reliance on formal services.

It should also be noted that the implementation proposals are not concerned with changing the Council’s current offer provided by ASCH and CS, instead it is about improving the way the assessment process is applied in some instances. As the report makes clear however existing services users whose needs have not changed will not be obliged to accept an alternative offer. Furthermore, these proposals sit alongside a range of wider policies and plans that will promote more independence and improve individual outcomes for people.

30 Page 116 There are not expected to be any adverse impacts for disabled staff. Where necessary, individual support to maintain people’s employment would continue to be assessed, implemented and reviewed as needed, in addition to continual workforce development.

Gender (Sex) The overall population of Derbyshire consists of 2% more women than men – 17% are 15 or below, 62% aged 16 to 64 and 21% are over 65 (Derbyshire Observatory infographic).

Projections published by the ONS in 2017 suggest the following overall population figures for Derbyshire by gender, The figures show a relatively small deviation in numbers between men and women up to age 64, and beyond 65 the difference increases significantly as women outlive men.

Population of Derbyshire by Gender and Age Age Male Female % Variation 0-15 69,424 66,445 4.5 16-17 8,769 8,461 3.6 18-64 233,322 236,883 1.5 65+ 77,886 90,776 16.5 All ages 389,401 402,565 3.4 Total 791,966 Source: ONS Mid-Year Projections 2017

The variations outlined in the table above are not wholly reflected in the number of people supported by ASCH and CS. The percentage variation for adults aged 18-64 is consistent with the general population of Derbyshire, but the remainder show significant differences which indicate specific genders could be impacted by any changes to services.

The data below, of people known to services, shows that 20.9% more young males up to the age of 15 are in receipt of support in comparison to young women. As expected, this trend reverses in people aged 65 and over, the data shows there are almost twice as many women in receipt of support in Derbyshire, the result of increased life expectancy and associated needs.

People known to ASCH and CS Service Age Male Female % Variation 0-15 3,679 3,043 20.9 16-17 408 401 1.7 18-64 2,294 2,254 1.7 65+ 3,946 7,685 94 All ages 10,327 13,383 29.6 Unknown 72 Total 23,782

31 Page 117 Source: Adult Social Care and Health, and Children’s MIT

Women of all ages account for 56% of the total number of people currently accessing ASCH and CS support so we are able to conclude that women are more likely to be affected by any adverse impacts resulting from the implementation of the proposals.

Women make up almost 80% of the total Council workforce and a similar majority of the many part-time workers we employ, when considering assessment teams the figure is even higher. The data shows that 85% of assessors in both Childrens and Adult’s services are female (N=783) and just 15% (N=141) are male, a ratio of 5.5:1.

Women are also more likely to be carers; therefore any adverse changes to support, working conditions/practices or employment will have a negative impact.

Conclusion It can be concluded from the figures above that women are more likely to be disproportionality affected by any significant changes to services or work practice.

In addition to Care Act assessments, which should not discriminate on the grounds of gender (or any other protected status), it should also be noted that the implementation proposals are not concerned with changing the Council’s current offer provided by ASCH and CS, instead it is about improving the way the assessment process is applied in some instances. As the report makes clear however existing services users whose needs have not changed will not be obliged to accept an alternative offer. Furthermore, these proposals sit alongside a range of wider policies and plans that will promote more independence and improve individual outcomes for people.

Gender The Council does not collect data relating to this protected reassignment characteristic with reference to children, older adults or people with a disability in Derbyshire. However, there will be people who use our services who will be represented under this protected characteristic.

Assessments and services are offered to people in Derbyshire regardless of their gender status

Conclusion It is assessed that the proposal to ensure equitable delivery of the pathways will not have an adverse impact on this protected characteristic.

Marriage and The Council does not collect data relating to this protected civil characteristic with reference to children, older adults or people with a partnership disability in Derbyshire. However, there will be people who use our services who will be represented under this protected characteristic.

32 Page 118 Assessments and services are offered to people in Derbyshire regardless of their relationship status.

Conclusion It is assessed that the proposal to ensure equitable delivery of the pathways will not have an adverse impact on this protected characteristic.

Pregnancy and The Council does not collect data relating to this protected maternity characteristic with reference to older adults or people with a disability in Derbyshire.

Data from the CS management information team confirms Children’s Services teams are currently working with ten expectant mothers and eight who have already given birth.

In addition to CS, expectant or new mothers will receive additional specialist interventions and support as required.

Recent legislative changes have extended the rights of parents to share parental leave. The Council has developed a clear policy for supporting employees who take shared parental leave and other support, such as flexible working, is available to some staff to support their work-life balance.

Conclusion It is assessed that the proposal to ensure equitable delivery of the pathways will not have an adverse impact on this protected characteristic.

Race At just 4.2%, Derbyshire has a lower than average population of people from a BME background. The population is spread across a broad range of different racial and ethnic groups, including people from the EU and Eastern Europe, from Black, Chinese and Asian communities.

The following table details the number of people from each BME group currently accessing ASCH and CS in Derbyshire.

Ethnicity of people accessing services Adult Social Care Children’s and Health Services White 14,267 6,901 Asian or Asian 69 41 British Black African / 56 68 Caribbean /Black British Mixed or Multiple 55 335 Other Ethnic Group 21 123 Not stated 186 98

33 Page 119 Unknown 1,622 0 Totals 16,276 7,566 Source: Adult Social Care and Health, and Children’s Services MIT

Across Derbyshire some districts have a higher than average BME population, for example Chesterfield at 5.1% and Erewash at 4.8%, this must be considered in terms of communicating the implementation of the review findings as English may not be a first language in these communities.

Around 3% of the Council’s workforce is from a BME Community and this rate is not expected to change significantly or quickly. At 6%, there are a higher number of people from BME communities working in the various assessment teams, the table below provides more information.

Ethnicity in assessment teams Adult Children’s Totals % Social Services Care and Health White 505 338 843 91 Asian or Asian 6 6 12 1 British Black African / 17 0 17 2 Caribbean /Black British Mixed or 13 3 16 2 Multiple Other Ethnic 1 10 11 1 Group Not stated 3 22 25 3 Unknown 0 0 0 0 Totals 545 379 924 100 Source: Adult Social Care and Health, and Children’s Services MIT

Conclusions The majority of people who could be affected by the proposal to ensure equitable delivery of the pathways are “White British” (91%). However, it is concluded that the proposal will not have an adverse impact on people or staff from BME communities.

The proposal has the potential to increase people’s ability to be more independent and access support, activities or groups related to their specific needs. The focus on achieving individual outcomes will support equity of service delivery but ongoing monitoring is required to ensure that services are accessible and inclusive.

Religion and The Council does not collect data relating to this protected belief including characteristic with reference to older adults or people living with a non-belief

34 Page 120 disability in Derbyshire. However, there will be people who use our services who will be represented under this protected characteristic.

Assessments and services are offered to people regardless of their religion or belief.

In Derbyshire, according to 2011 Census data, 63.6% of people are Christian, 0.2% are Buddhist, 0.2% are Hindu, 0.0% are Jewish, 0.3% are Muslim, 0.3% are Sikh, 0.4% are of other religion, 28.8% of people have no religion and 7% have not stated their religion. This is not a significant consideration for the analysis as the service is offered to all people irrespective of religious choice.

Accessing religious services and practicing specific faiths or beliefs can be successfully achieved outside of DCC’s services, or with the right support, identified via equitable delivery of the pathways.

Conclusions It is assessed that the proposal to ensure equitable delivery of the pathways will not have an adverse impact on this protected characteristic. The proposal has the potential to increase people’s ability to be more independent and access support, activities or groups related to their specific needs.

Sexual The Council does not collect data relating to this protected orientation characteristic with reference to older adults or people living with a disability in Derbyshire.

The proposal may result in some people choosing to receive their support differently in future but still have their needs recognised/accepted and access appropriate services as and when required.

Assessments and services in Derbyshire are offered to people regardless of their sexual orientation and it is assessed that the proposal will not have an adverse impact on this protected characteristic.

Lesbian gay, bisexual and other non-heterosexual LGBQ workers make up around 2% of the workforce, and are represented across the authority, with slightly higher proportions working in ASCH and CS, there is no evidence to suggest that the proposal will have an adverse impact upon this protected group

Conclusions It is assessed that the proposal to ensure equitable delivery of the pathways will not have an adverse impact on this protected characteristic.

35 Page 121

Other- non statutory

Socio- Derbyshire has a high variation between households who are affluent economic and those which experience deprivation or socioeconomic disadvantage. Many services provided by the Council are designed to support people who have fewer resources (low income or in receipt of benefits) and may experience poorer health, or have lower life chances. In addition, older carers may (if they previously worked) have retired and also be in receipt of a low income from benefits and/or a state pension.

According to quarterly benefit statistics from May 2018, there are 7,943 individuals in receipt of Pension Credit Guarantee Credit in Derbyshire. Analysis by district is summarised below.

Number of people in receipt of benefits, by Derbyshire locality Local authority area No of people Amber Valley 1,258 Bolsover 941 Chesterfield 1,289 Derbyshire Dales 583 Erewash 1,154 High Peak 873 North East Derbyshire 1,138 South Derbyshire 706 DERBYSHIRE 7,943 Source: Pension Credit Quarterly Statistics, DWP Stat Xplore, May 2018.

The government recently announced changes to pensions for couples where one person is of retirement age but their spouse is working. The changes, being introduced in May 2019, do not affect existing claimants but in future will mean that couples can only access support through the working age benefit system, replacing access to Pension Credit, pension age Housing Benefit and working-age benefits.

There have also been significant problems encountered by claimants experiencing the roll-out of Universal Credit across Derbyshire, the negative impacts of this are still being felt by people accessing ASCH and CS and their family’s financial situations will need to be considered when being assessed under the Care Act.

Content for the table below comes from the Index of Multiple Deprivation (2015) and gives an insight into which areas of Derbyshire are less affluent than others. For example, a more affluent area such as the High Peak District has considerably less deprivation than the more urban Chesterfield Borough.

36 Page 122 Deprivation by Area Area Population deprivation by area Amber Valley 10% Bolsover 21% Chesterfield 29% Derbyshire Dales 2% Erewash 16% High Peak 5% N.E. Derbyshire 6% South Derbyshire 3%

Source: 2015 – Index of Multiple Deprivation, MHCLG

The Council employs people from across Derbyshire, including many workers who live in poorer and deprived communities. Additionally many such workers will work in the same or a nearby community to that they live in. The proposal to ensure equitable delivery of the pathways does not include making any changes to the terms and conditions for staff.

Conclusions It is assessed that the proposal to ensure equitable delivery of the pathways will not have an adverse impact on this area of people’s lives.

However, it is essential that the council continues to support people to maximise their income and support opportunities to promote greater independence and wellbeing, whilst reducing financial inequality.

Rural People living in more rural locations may be affected more by the proposals than those living in urban areas. The number of people living in rural or urban areas and accessing ASCH and CS are detailed in the table below.

People accessing services by rurality People accessing Rural Urban classification services No. % A1 – Major conurbation – Urban B1 – Minor conurbation – 18,391 77 Urban C1- City and town – Urban D1 – Town and Fringe – Rural E1 – Village – Rural 4,931 21 F1 – Hamlets and Isolated Dwellings – Rural

37 Page 123 No information 485 2 Total 23,807 100 Source: Adult Social Care and Health, and Children’s Services MIT

It is likely that the 21% of people who live in more rural locations will have fewer services nearby to meet their various needs – requiring them to travel further afield to maintain relationships and access wider community facilities and activities.

However, travelling and overall mobility is also affected by location. Rural areas often experience reduced regularity or availability of transport and there is an associated increase in the cost of travelling further afield and/or reliance on family for transport. This in turn may further limit opportunities for people, particularly those with a disability and/or being in receipt of a low income.

Staff living in rural areas will experience the same limitations as people approaching services for support but are more likely to be able to travel independently, and their existing personal arrangements are unlikely to change as a result of implementing the proposal.

Conclusion It is assessed that the proposal to ensure equitable delivery of the pathways will not have an adverse impact on this particular characteristic because the impact of rurality will be considered as part of any assessment with people, particularly if the lack of services or mobility impacts on the support available to people.

b. What does customer feedback, complaints or discussions with stakeholder groups tell you about the impact of the policy, practice, service or function on the protected characteristic groups?

On 24 January 2019, Cabinet were presented with a report that outlined the outcomes of the Council’s budget consultation exercises in formulating its budgetary proposals for the Revenue Budget for 2019-20.

The consultation asked members of the public a number of questions based around the Council Plan priorities and are therefore useful for consideration as part of this document in gaining an understanding of the public’s perception of where the Council should be best utilising its budget.

The feedback below includes comment and conclusion from NE, gathered during the recent assessment of the Whole Life Disability and Older Adults Pathways, their feedback includes additional comments from staff in assessment teams as part of team and staff shadowing, workplace assessments, and a survey undertaken at the formal feedback sessions to staff in April.

38 Page 124 Protected Findings Group Age When asked which priorities are important, respondents stated looking after older people and providing a positive start in life for children. These statements aptly reflect the proposal to ensure the equitable delivery of the pathways in order to generate improved outcomes for people. There was also support for investing in services which support families and children, and keep children safe.

Assessors participating in the workshops spoke of the importance of not being paternalistic, managing positive risk taking and supporting adults to remain in control of their lives - including enabling people of all ages to live at home for longer with a range of support options rather than the frequent default of residential care.

An example highlighted to staff in their assessment feedback sessions was of a lady who has been residing in residential care for the last eighteen months, yet has the potential to be re-abled and moved to more independent living.

The initial assessment findings acknowledge suitable options, such as supported living, are limited but suggests that more support whilst the person was still at home could have prevented a residential admission.

Assessors spoke of the importance of supporting young people to lead an “ordinary life” and to plan ahead to prevent young people from going down a pathway which limits their life opportunities. However, the EHCP plans sampled were found to be lacking in detail around health and care goals and support to meet outcomes, and timescales to meet the outcomes. This was further reinforced with the view expressed by some assessors, that families are ultimately responsible for their children’s outcomes.

The equitable delivery of the pathways will support individuals, parents and carers to identify and work towards meeting goals and outcomes and reduce reliance on formal support.

Not supporting people to remain or be more independent and realise their full potential could have an adverse impact on this protected group through unnecessary placements in residential care settings, reducing their independence through provision of support services that may mean a client is less able to do things for themselves than if an enabling approach had been taken.

The assessment work also found that where assessors were asked to review cases in the Older Adults Pathway on their own there was significant variation and less independent outcomes for people. However, when assessors from a variety of disciplines reviewed cases together the discussion resulted in the most independent outcomes.

39 Page 125 Conclusion It can be concluded that people of all ages are in receipt of support, but that the support can often be restrictive and not sufficiently person centred or focussed on meeting the individual’s preferred outcomes, for a variety of reasons.

By assessing more consistently across Derbyshire to promote independence and reduce reliance on formal care we will significantly improve the whole life outcomes for many people.

Disability 13% of respondents to the consultation indicated they had a disability, which is slightly lower than the overall adult population with a disability or long-term illness.

When asked respondents said investing in services for people with learning disabilities and looking after older and younger people were service priorities, adding that many older people have acquired a disability over time, whether it be a mobility, visual or hearing impairment.

Therefore there is likely to be support for investing in services which support disabled people and encourage healthy lifestyles, and impact positively on the various areas of disability.

Figures from the NE report suggest that 50% of people leave the reablement service without a package of care and 17% had a decrease, but only 5% left with an increase in their packages. This shows we are promoting people’s independence, but evidence from case reviews suggests people could be receiving too much support and there is potential to re-able another seven hours per week per person.

A similar example came from one of the assessment work case studies; a lady with a learning disability and Autism was assessed in one of the staff workshops as being able to live independently. Despite this, she has lived in supported living for five years with a minimum of 7.5hrs of support each day and the group could not understand why.

Seven more supported living cases were reviewed with Lead Practitioners, there were opportunities to promote independence by reducing support in five of the seven cases.

Support can also be increased during significant periods of escalation in people’s lives. The example provided suggested that earlier engagement by the person’s family, to begin transition to more independent living, would have prevented the eventual admission to residential care when the domestic situation became untenable.

The assessment’s finings stressed the importance of enablement with people on the pathways. From a sample of individuals from the 15-21

40 Page 126 age range, it was concluded there is a potential 45% improvement in managing toilet needs, developing/maintaining personal relationships and managing household responsibilities.

From the older range of 21-67, there is a potential for 35% improvement in managing nutrition, 40% for reliance of family or carers and 36% for self-regulation and communication of emotions.

When reviewing people aged 18+ in supported living and receiving home care support, it was concluded that 68% of people have the potential to improve through the receipt of enablement support– a total of 847 people. In addition, 9% of people in transition were assessed as being able to be fully independent in future.

Conclusion The importance of regularly reviewing people’s situations and future planning is clear - to ensure support levels are appropriate to meets changing needs and reducing adverse impacts from the over or under- supply of support for people of all ages and needs.

Gender (Sex) No comments have been received with regards to this protected characteristic.

Gender No comments have been received with regards to this protected reassignment characteristic.

Marriage and No comments have been received with regards to this protected civil characteristic. partnership Pregnancy and There was support amongst those who took part in the survey for maternity services for children and families, and for work which supports and promotes healthy lifestyles.

Services encompassing these areas are particularly relevant to expectant parents and newly born children, in addition the other groups of people outlined in this analysis.

Conclusion It is important for expectant mothers to be able to access and receive the very best care and support for them and their baby. The proposal will not adversely impact on the ability of expectant mothers, who are eligible for support under the Care Act, to receive the appropriate care and support needed at such a critical time.

Race No comments have been received with regards to this protected characteristic.

Religion and No comments have been received with regards to this protected belief including characteristic. non-belief

41 Page 127 Sexual No comments have been received with regards to this protected orientation characteristic.

A recent response by Stonewall to a press enquiry, asking about the challenges facing people from LGBT communities when accessing health and social care services, elicited the following response:

“Lesbian, gay, bi and trans people in later life often experience specific forms of discrimination that go unnoticed by others around them. This can lead to isolation and even going back into the closet. It’s concerning that this may lead people to avoid accessing the services they need. It’s vital (that) health and social care staff are trained to understand and meet the unique needs of older LGBT service users.”

The above response clearly indicates that people from LGBT communities experience discrimination when using services, particularly older adults, and there is clearly much work to be done to eliminate such behaviour across the population.

Conclusion The proposal is not expected to adversely impact on people’s sexual orientation and there will be opportunities for staff development in order to ensure the equitable delivery of the pathways to all sectors of the Derbyshire population who have Care Act eligible support needs.

The implementation of the assessment findings will allow for practitioners to spend more time with clients to better understand their specific and individual circumstances, needs and requirements. Implementing a more consistent approach to assessment and review will reduce the risk of potential discrimination of clients.

Other

Socio- A quarter of respondents supported investment in helping children get economic the best start, 18% in economic and skills investment, and 12% in unlocking economic opportunities for people and activities which are more likely to benefit our disadvantaged communities.

Respondents who supported expenditure on looking after older and vulnerable people may also be highly represented amongst respondents from disadvantaged communities, since these services can be more important to poorer older people.

Conclusion It should also be recognised that many people with disabilities, including those with learning disabilities, are likely to have lower incomes and more likely to experience economic disadvantage, so the provision of services can benefit people in Derbyshire’s poorer and disadvantaged communities.

42 Page 128 Rural No comments have been received with regards to any potential impacts the proposals may have upon people’s home or support location.

Employees of Staff from both ASCH and CS involved in the assessment were the Council provided with several opportunities to feedback. One method was during pathway workshops where 49 practitioners and managers from six disciplines were present. Outputs from the workshops concluded:

• 26% of people are in ideal settings, with the ideal package to meet their outcomes. • 21% of people could benefit from additional voluntary services. • 53% of people could be more independent than they are currently.

Practitioners were asked what the ideal outcomes for the latter group would look like, these included:

• People benefitting from more reablement input • Reduction in residential placements • More people who are fully independent

From an employer’s perspective, the Council has a duty to consider and support the wellbeing of its staff. A report submitted by officers to Cabinet on 9 May 2019 cited a recently published report entitled “Thriving at Work” (2017) which was commissioned by the Government to consider how employers can better support their staff to remain in, and thrive through employment.

The Cabinet report confirmed the council has an extensive list of initiatives to support employees’ physical and mental health. Initiatives include counselling and mediation services, phased return to work and work life balance policies, cognitive behaviour therapy, and training in mental health awareness and mental health first aid.

Conclusion From the information presented in the assessment it is suggested that employees of the council involved in this work, i.e. assessors, support the proposal to ensure the equitable delivery of the pathways in order to improve outcomes for the people of Derbyshire, who have care and support needs.

The council already support employee’s health in a variety of ways and it’s equally important that staff are given the right tools and knowledge to do their jobs too.

43 Page 129 c. Are there any other groups of people who may experience an adverse impact because of the proposals to change a policy or service who are not listed above?

Carers are not listed as a protected characteristic group, however, the proposals may have a degree of impact upon those undertaking a caring role, particularly if the person being assessed chooses to receive their support in a way that places additional demands on their carer, for example, ending respite stays in order to support activities which are more closely matched to their personal goals and outcomes. Carers will continue to be entitled to an assessment of their need in their own right as per the Care Act 2014

Derbyshire Carers Association reports there are over 120,000 carers in Derbyshire and data from ASCH and CS management information teams confirms there are 25,002 carers (328 are under 18) known to services in Derbyshire at this time. The table below provides more detailed information.

Number and ages of carers known to the Council Age Totals % 0-15 277 1 16 -17 51 0.2 18 -64 11,459 46 65+ 7,165 28.6 Unknown 6,050 24.2 Totals 25,002 100

Source: Adult Social Care and Health, and Children’s Services MIT

Carers of all ages could be affected by the proposal if they created adverse impacts, but it is believed that the most vulnerable groups are the under 18s and over 65s, who are more likely to have support needs of their own, such as educational or health needs.

Conclusion Whilst the proposal to ensure the equitable delivery of the pathways is not intended to change people’s services, the impact of choices made by people in receipt of support, on their carers, must be considered and mitigated against as they become known. d. Gaps in data

What are your main gaps in information and understanding of the impact of your policy and services? Please indicate whether you have identified ways of filling these gaps.

Gaps in data Action to deal with this Data in relation to the following protected Review how data can be improved for any characteristics: future analysis

• race and ethnicity, • religion and belief including non-belief, • marriage and civil partnership, • pregnancy and maternity

44 Page 130 • sexual orientation, and gender re- assignment

Lack of clarity in data for number of Review how data can be improved for any reviews conducted future analysis

Lack of commonality between ASCH and Consider revisions to enable future CS data headings reporting to be consistent

Stage 6. Ways of mitigating unlawful prohibited conduct or unwanted adverse impact, or to promote improved equality of opportunity or good relations

• Equitable delivery of the older adults and whole life disability pathways will support to mitigate inequity resulting from people not being in receipt of the most appropriate support to meet their personal goals and outcomes.

• Empowering and supporting staff to best make decisions that reflect Care Act principles around strength and asset based working through the provision of training and professional development opportunities

• Involve staff in reviewing team performance by the provision of appropriate information (e.g. financial / performance data)

• Reducing assessment variations throughout Derbyshire by increasing consistency of decisions and service provision

• Increasing contact time with people by reducing time spent completing unnecessary and duplicitous paperwork or unnecessary system related functions.

• Build on existing multi-divisional and multi-disciplinary approaches to promote more consistent communication, decision making and outcomes for people of all ages.

• Improve service delivery at appropriate levels which do not limit or stifle independence, by working in partnership with people to identify their preferred goals and outcomes less support can be provided to improve independence.

• Ensure the consistent use of preventative approaches and reduce paternalistic approaches wherever possible to agree the most proactive intervention and promote independence.

• The Derbyshire Welfare Rights Service will continue to support people to maximise their income (where possible) to mitigate against any socio-economic impacts.

• Ensure adequate training is provided to support assessment staff in both ASCH and CS to equitably deliver the pathways. This will not only benefit staff by adding to their continual professional development but also equip teams develop a

45 Page 131 consistency of approach in order to mitigate against local variations and “postcode lottery” of provision.

• The training and development will also focus on assessors working with individuals and families to embed future needs into their thinking at an early stage, and identify support which promotes independence and builds resilience instead of creating dependency.

• Area management and staff teams will be regularly provided with data to compare performance across Derbyshire, in order to reflect on themes, approaches and decision making.

• Consider the impact of the decisions made by people in receipt of support, on their carers. Carers can request to have their own assessment and this should be reinforced during assessments of people with family carers.

• Where, in the monitoring of the implementation of the proposals, it becomes evident that there is a strategic need to review an existing service a formal programme of work would be instigated, comprising a full business case, appropriate level of consultation and a separate EIA would be completed.

Stage 7. Do stakeholders agree with your findings and proposed response?

As part of the review process, two stakeholder events were held to feedback to the various staff groups involved throughout the whole of the review phase (e.g. workshops, work shadowing etc), and gain their responses to the initial findings for each of the two pathways. NE presented their initial findings to attendees and at the end of the feedback session sought staff feedback via an electronic survey form which asked the following questions:

1. The findings presented today were clear and easy to understand. − 36% strongly agreed − 56% agreed − 8% disagreed

92% of respondents felt the information provided was clear and understandable.

2. I feel that the findings presented today are a good reflection of the challenges we face in our services. − 36% strongly agreed − 51% agreed − 8% disagreed − 5% didn’t know

87% of respondents felt that the information presented was reflective of the challenges faced in our services

46 Page 132 3. I feel that the opportunities identified are important for the organisation to address. − 56% strongly agreed − 44% agreed

Opinions were more divided on this question, but a majority of 56% of respondents felt the council should be addressing the opportunities identified.

4. I believe that things will be different in a year’s time. − 5% strongly agreed − 26% agreed − 18% disagreed − 10% strongly disagreed − 41% didn’t know

31% of respondents felt the situation would be different in a year’s time, whilst 28% disagreed with the statement and 41% didn’t know.

5. I would like to be involved in shaping the next steps. − 53% strongly agreed − 41% agreed − 3% disagree − 3% strongly disagree

An overwhelming 94% of respondents expressed a desire to be involved in shaping the next steps, i.e. ensuring the equitable delivery of the Older Adults and Whole Life Disability Pathways in Derbyshire.

All the members of the EIA panel, listed in stage 2 above, have agreed the content of this Equalities Impact Analysis.

Stage 8. Main conclusions and recommendations

The Adult Social Care and Health and Children’s Services departments believe that the benefits for people highlighted throughout the assessment can be achieved by ensuring the equitable delivery of the pathways assessed and focussing on people’s ideal outcomes, both now and in future. For example, the assessment confirmed 64% of current situations were seen to be providing maximum opportunities to meet an individual’s outcomes and promote independence, but the remaining 36% are not, this is where benefits can be found.

When considering the future for the same group of people, the assessment found the percentages were reversed as the current settings were only deemed to be ideal in future for 36% of the cases, with 64% being non-ideal. The latter group is where greater benefits could be found in realising people’s longer term goals and aspirations.

By implementing the proposal, based on current activity levels, ASCH and CS believe there could be 284 fewer people in residential care, with 12 moving to supported living

47 Page 133 and the remaining 272 living more independently in either their own home, or a family home.

This document was completed in order to analyse the potential impacts of implementing the proposal in order to ensure equitable application of the Care Act across Derbyshire, a summary of the findings are presented below.

Age The proposal will affect people across all age ranges, but will particularly impact on the larger number of older adults. However, it is not expected that implementation of the proposal will have any adverse impacts for this protected group. Employees of all ages will also be affected by the proposals, and whilst there are not believed to be any adverse impacts for employees, there will be challenges to current practice in some areas and ongoing development needs which will be considered as part of the implementation plan.

Disability The proposal will impact on people with a variety of disabilities, including physical, mental health, sensory, Autism and learning disabilities, in both ASC&CS. However, it is expected that the equitable delivery of the pathways will result in improvements to the assessment process, which in turn will benefit people in receipt of services from improved outcomes now and in future, leading to increased independence and reduced reliance on services. Employees who have disclosed a disability will continue to be supported by the council and the proposal will not adversely impact on people with a disability.

Gender The EIA concluded that women are more likely to be affected the proposal because there are more women in receipt of services. But, it also concluded that the impact would not be adverse because the proposal is designed to improve people’s outcomes, consistently delivering Care Act assessments across the country, to ensure people’s individual needs and desired outcomes are captured.

Marriage It is assessed that the proposal to ensure equitable delivery of the pathways will not have an adverse impact on this protected characteristic. People who are eligible to receive services under the Care Act can continue to do so if they wish, regardless of their relationship status.

Pregnancy It is assessed that the proposal to ensure equitable delivery of the pathways will not have an adverse impact on this protected characteristic, and that women who are pregnant and in receipt of services will continue to be supported by ASCH and CS to ensure the ongoing welfare of both mother and baby.

Race The majority of people who could be affected by the proposal are “White British”, but people from BME communities will also be affected. Because the proposal has the potential to increase people’s ability to be more independent and access support as necessary (including elements related to ethnicity) it is assessed that the impact of

48 Page 134 ensuring equitable delivery of the pathways will be positive for people from all communities.

Religion It is assessed that the proposal to ensure equitable delivery of the pathways will not have an adverse impact on this protected characteristic. People who are eligible to receive services under the Care Act can continue to do so if they wish, regardless of their beliefs. Similarly, the proposal is not expected to adversely impact on employees beliefs.

Sexual orientation The proposal is not expected to adversely impact on the sexual orientation of people who receive services or the staff supporting them.

Socio-economic The proposal is not expected to adversely impact on people’s socio-economic situation or status but it is important for the council to continue supporting people on low incomes to maximise their entitlements.

Rural The proposal is not expected to adversely impact people living in more rural locations. The impact of rurality will be considered as part of any assessment undertaken with people, particularly if the lack of services or mobility impacts on the support available to them.

Employees The proposal is not expected to adversely impact employees although additional staff development will need to be undertaken to ensure the equitable delivery of the pathways across the county. The council already support employee’s health in a variety of ways to and it is equally important that staff are given the right tools and knowledge to do their jobs.

The conclusion of the Equalities Impact Analysis is that the proposal to ensure equitable delivery of the pathways will not have an adverse impact on the people of Derbyshire or the council’s workforce, quite the contrary, the proposal is expected to:

• Identify and effectively prioritise people who may require an intervention / support; • Prevent escalation (increasing need) or a crisis, and maximise independence; • Provide services in the right place: at home, in the community, or in a specialist setting according to need, preference, and cost effectiveness; • Deliver the right support to prevent, reduce or delay need, without creating dependence, delivered by the right people with the right skills; • Reduce paperwork time and increase contact time with people • Better support for our practitioners and managers – opportunities to better support staff by reducing the time spent doing paperwork, and improve information and support to managers.

49 Page 135 In summary, the review identified opportunities to improve the lives of one in three people currently supported by the Council which would promote greater independence and enable them to better achieve their potential. Importantly, the review highlighted that the opportunities can be achieved by ensuring our application of the relevant legislation and Council’s processes are equitable without changing the current service offer for people – mainly through the implementation of more efficient and productive working practices that will inform improved decision making. It should also be noted that the proposal sits alongside a range of wider policies and plans that will promote more independence and improve individual outcomes for people as outlined earlier in this analysis.

Over the next few years there will be an increase in the number of people seeking to access services. Services need to be planned and designed to support individuals who may live for longer with a disability, other long-term health condition or social care need. Equitable delivery of the pathways will enable the council to effectively support more people to be more independent, use resources more effectively, and reduce people’s reliance on services. This will lead to many more people enjoying a more fulfilling and independent life, achieving their personal goals and outcomes.

The successful implementation of the review findings could also result in more efficient services and reducing the overall costs to the Council, whilst simultaneously improving outcomes for people by delivering only as much formal support as required, whilst also maximising informal support from families and communities.

Whilst the proposals focus on new service users it is anticipated that some existing service users will change services or settings, particularly within whole life disability. However, existing services users whose needs have not changed will not be obliged to accept an alternative offer.

Implementation of the proposal is underpinned by primary legislation - The Care Act 2014 and the Children and Families Act 2014 (and the SEND Code of Practice 2015). With regards the Care Act, the government consulted widely on the guidance and regulations, reporting on the results in October 2014. They engaged with 100 local authorities, received 68 written submissions and worked with the Care and Support Alliance to survey nearly 400 people receiving care services and carers. The threshold was amended following the consultation and the final version was subsequently released later in October 2014. The Children and Families Act 2014, was the culmination of a number of consultations, Green papers, and Parliamentary Select Committee Reports brought together in the Children and Families Bill 2013.

If, whilst implementing the proposal it becomes apparent that we anticipate significant changes in service vision or delivery will be required, these will be subject to a separate consultation, equality impact analysis and review processes, according to the council’s existing procedures and legal duty to consult. The opportunities presented by Newton Europe following their review have not been predicated on a reduction in existing services.

50 Page 136 Stage 9. Objectives setting/ implementation

Objective Planned action Who When How will this be monitored? Ensure the equitable Procure external support to Executive Directors 2019 Monitoring arrangements delivery of the Older implement to the pathways. of Adult Social will be confirmed as part Adults and Whole Life Care and Health, of the future proposed Disability Pathways and Children’s procurement of external Services support to implement the pathways.

Continual professional Work with Adult and children’s Training sections, 2019-2020 Number of staff engaging development of staff training teams to identify Executive Directors in develop initiatives. teams suitable resources to support of Adult Social area assessment teams Care and Health,

Page 137 Page and Children’s Services

Improve outcomes for Work with people accessing Assessors from Ongoing Reduction in long term people accessing Adult services to assess their care Adult Social Care use of services. Social Care and Health, and support needs and identify and Health, and and Children’s Services innovative sources of support to Children’s Services People currently in receipt promote independence and of formal support choose reduce reliance on council to receive less or services subject to the alternative support. exceptions referred to in this report. People remain independent for longer.

51

PUBLIC

Stage 10. Monitoring and review/ mainstreaming into business plans

Please indicate whether any of your objectives have been added to service or business plans and your arrangements for monitoring and reviewing progress/ future impact?

The proposed implementation forms the basis of a Council Plan 2019-21 priority and will be monitored on a regular both at a Council level and through the ASCH and CS Service Plans respectively.

It is also expected that as part of the implementation process a programme board will be established to ensure it is being undertaken effectively and support the Departmental and Council reporting requirements.

Stage 11. Agreeing and publishing the completed analysis

Completed analysis approved by Simon Stevens on (date)

Where and when published?

Decision-making processes

Where linked to decision on proposals to change, reduce or withdraw service/ financial decisions/ large-scale staffing restructures

Attached to report (title):

Revised Approach to Assessments

Date of report: 11 July 2019

Author of report: Simon Stevens

Audience for report e.g. Cabinet/ date: 11 July 2019

Web location of report:

52 Page 138 PUBLIC

Outcome from report being considered

That Cabinet: 1. Receives and notes the findings of an independent assessment of the Older People and Whole Life Disability Pathways delivered by Adult Social Care and Health and Children’s Services; 2. Agrees the implementation of the revised approach to assessments as set out in the report; and 3. Approves, under Protocol 2a of the Council’s Financial Regulations the use of a third-party non-Derbyshire County Council framework to procure specialist professional services to support the implementation of the assessment findings.

Details of follow-up action or monitoring of actions/ decision undertaken

Updated by:

Date:

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